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Discussion > Criminal Law > Procedure > Quashing of FIR   Unanswered Threads Post New Topic

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There are 11 Replies to this message


karthik


advocate
[ Scorecard : 204]
Posted On 14 January 2011 at 08:04 Report Abuse

Dear members,

What are the guidelines for quashing the FIR? Is there any guidelines issued by the courts regarding this?

Is there any citations relevant?please give and help me.



naveenchandar thangarajan


advocate
[ Scorecard : 22]
Posted On 14 January 2011 at 09:47 Report Abuse

quashing the fir is not an easy task. court will not curtail the investigation of police. but,there is some minimum chances to do the same.that is, if any civil proceedings pending before any civil courts,and u will have to prove the complaint is given only in malicious motive, the ingredients are missing for the alleged offence are the requirements.u verify past five years scc criminal.


Advocate Rakesh Raja


d
[ Scorecard : 147]
Posted On 14 January 2011 at 10:44 Report Abuse

u/s 482 of crpc u can go directly to High Court for quashing a FIR


RITESH KHATRI


ATTORNEY AT LAW
[ Scorecard : 34]
Posted On 14 January 2011 at 12:47 Report Abuse

Dear Karthik

U may see State of Haryana and Ors. v. Chaudhary Bhajan Lal and Ors. by Supreme Court of India.

Para 107 of the Judgement U find :

1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima-facie constitute any offence or make out a case against the accused.

2. Where the allegations in the First Information Report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

3. Where the uncontroverter allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

4. Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

7. Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.


Sanjeev Panda


Advocate
[ Scorecard : 684]
Posted On 14 January 2011 at 13:38 Report Abuse

The well established judgment of Hon'ble Apex Court in State of Haryana Vs. Ch. Bhajan Lal is the most relevant judgment in which the Hon'ble Apex Court has set guidelines as to the circumstances in which the FIR can be quashed by the High Courts using the inherent powers under Section 482 Cr.P.C. However, the conditions are not exhaustive and merely suggestive of kind of circumstances in which the Hon'ble High Court may deem fit to quash the FIR. This judgment of State of Haryana Vs. Ch. Bhajan Lal is the most cited and relied upon judgment.


N.K.Assumi


Advocate
[ Scorecard : 21565]
Posted On 14 January 2011 at 15:38 Report Abuse

Well said by the members.


phaneendra


Advocate
[ Scorecard : 94]
Posted On 14 January 2011 at 16:01 Report Abuse

 INHERENT POWERS OF HIGH COURTS (Quashing of  F.I.R)

INTRODUCTION:

Inherent powers of the High Courts are the powers which are not additional to the powers conferred upon the High Courts. The most important aspect of such power is the Quashing of FIR by the court .

Section 482 CrPC talks about the inherent powers of the high courts. This section reproduces section 561-A of the code of 1898 without any change. It does not confer any new powers on the high courts but saves such inherent powers which the court possessed before the enactment of CrPC.

Though the jurisdiction exists and is wide in its scope it is a rule of practice that it will only be exercised in exceptional cases. The section was added by the Code of Criminal Procedure(amendment) Act,1923 , as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. The section is a sort of reminder to the high courts that they are not merely courts n law, but also courts of justice and possess inherent powers to remove injustice. The inherent power in the high is an inalienable attribute of the position it holds with respect to the courts subordinate to it. These powers are partly administrative and partly judicial . They are  necessarily judicial when they are exercisable with respect to a judicial order and for securing the ends of justice. The expression ‘ends of justice’ is not used to comprise within it any vague or nebulous concept of justice, nor even justice in philosophical sense , but justice according to law, statute law and the common law. Inherent powers are in the nature of etxtraordinary powers available only where no  express power is available to the high courts to do a particular thing , and where the express power does not negativate the existence of such inherent power. The jurisdiction under section 482 is discretionary , the high court may refuse to exercise the discretion if a party has not approached it with clean hands.

 

OBJECTIVE:

 

 

 

To highlight the use of inherent powers by the high courts  under the Code of Criminal Procedure especially  for quashing of FIR or criminal complaints  before the filing of a chargesheet.

SCOPE :

The scope of the report is limited only to the quashing of FIR and highlighting some judgements delivered by the Supreme Court and the high courts in this context.

As per the scope of this section is concerned , it has a very wide scope. The inherent powers are only with the high courts and no other court can exercise these powers. The high courts are bound to exercise such powers whenever there is injustice done by the court below. Some of the inherent powers of the high courts are:

a)     quashing of  FIR

b)    quashing of complaint

c)     quashing of any order passed by the court below in revision etc.

 Read more: http://www.articlesbase.com/national-state-local-articles/inherent-powers-of-high-courtsquashing-of-fir-539391.html#ixzz1B0K3hOHJ

Under Creative Commons License: Attribution

Bhawani Mahapatra


Law Officer
[ Scorecard : 1161]
Posted On 14 January 2011 at 17:34 Report Abuse

Agree with Mr. Panda


Janak Raval


Advocate
[ Scorecard : 102]
Posted On 14 January 2011 at 20:18 Report Abuse

Folks...

This is well establised judment of Bhajan Lal (Haryan) contemplated by Apex High Court , material aspect as per the golden judgement which is taken care by Gujarat High Court in various cases in the year 2010.

Citiation are also avaliable on the G.ujarat Law Herald etc....

 


S. Kasimayan


officer
[ Scorecard : 75]
Posted On 16 January 2011 at 06:48 Report Abuse

There is whole lot of misconception about the inherent power of the court and power of police to investigate. In 90% of the cases police file fabricated cases, should we allow them to violate the fundamental rights. The court should take care that in the present state of things in the police, giving them unfettrred power is dangerous and whenever the aggrived parties are able to show clear case that fits into the scheme of the code, it should be quashed. Above all experiance, we approach the issue with lot of pre/mis concived notions which has resulted in miscarrage of justice to a great extent. 



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