Hello.
You can approach the Court for the quashing of the order of the DIG.
The power vested with the High Court under Section 482 CrPC is- as stated by the Courts- to be used sparingly and to meets the ends of justice. The conditions under which you may approach the Court for quashing the FIR are
(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 Sec.156(1) of the Code except under an order of a Magistrate within the purview of Sec.155(2) of the Code.
(3) Where the uncontroverted 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 Sec. 155 (2) of the Code.
(5) 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.
(6) Where a criminal proceeding is manifestly attended with mala fide 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. You can approach the Court with the copy of the order by the Court dismissing the case and on that basis you maybe able to quash the order of the DIG.
You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com
-Regards
Advocate Pooja
www.lawkonect.com
