FIR Quashing.

Querist : Anonymous (Querist) 14 June 2011 This query is : Resolved
Before submission of charge sheet you should not go for quashing of FIR or after submission of the charge sheet go for the quashing of the FIR? They say that after submission of the charge sheet FIR canno’t be quashed?

we can quash FIR (first information report)

Can we quash NC (non - cognizable offence).

relevant case law which has said that after submission of the charge sheet FIR quash is possible.

Thanks.

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PALNITKAR V.V. (Expert) 14 June 2011
There is no question of quashing of NC as police has no power to investigate into it. But the FIR can be quashed if it does not prima facie disclose any offence. In such a case you need not wait for the chargesheet. But the court will not quash FIR if any offence is prima facie disclosed in it. it is true that FIR cant be quashed after filing of chargesheet. But chargesheet can be quashed in certain circumstances.

Devajyoti Barman (Expert) 14 June 2011
After submission of charg sheet only the CH needs to he quashed as the investigations is complete and the Police Report is submitted u/s 173 crpc on the basis of FIR.
So the FIR gives rise to CH in its place.

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