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Aftab4u (PVT EMPLOYEE)     26 December 2009

What is Quash ??

Dear Experts , What is meanth by Quash ? is it the process for immediate judgement with out wasting the time like the family cases ( 498 etc ) which runs for years and years .....Pls suggest. Aftab


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 4 Replies

N.K.Assumi (Advocate)     26 December 2009

In simple words, it means Overthrow, annul or quash an indictment.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     27 December 2009

i agree with Assumi sir.

the supreme court india has stated that in the following circumstances a criminal case can be quashed.

“(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 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 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 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."

 

 

 

Smita_L01042008 (student)     29 December 2009

dear Mr. Sundaram,

 

kindly clarify from where this extract is taken

it is saying concerned Act.can it confirmed from the agreement between the parties

Hardik Mehta (Family Counsellor)     31 December 2009

Sam,

This is the Supreme Court Guidelines for quashing the case. I think it is from Bhajanlal V/s State of Haryana.


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