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danny_p (Asst Manager)     23 November 2013

Fir quashing process and proofs

Hello,

we filed the quashing petition in HC. Just curious what all parameter court consider to quest FIR?

It's a false FIR...so

should we also need to provide proof of trueness like any documents or evidence at the time of court hearing?

does court ask police/IO to submit a investigation or any kind of report?

please help, so don't want to miss anything or any attempt from our side to quash it.



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     23 November 2013

Please make sure that the reasons stated in the affidavit/petition for quash are supported by the documentary evidences properly and in case of any witness mentioned in the petition, tutor the witness to depose evidence accordingly.  

Laxmi Kant Joshi (Advocate )     24 November 2013

Give all relevant documentary proof to prove the case instituted on false intention , as you had deposed in the petition to quash the fir .

danny_p (Asst Manager)     25 November 2013

Thanks for the suggestion. 

Well let me brief the case...there are no arrest so far in this case. That's why my question was, does police comes into picture in quashing petition? Does court need report from police?

The incident is as,,,the person committed suicide at her sister's house and after suicide her father filed an FIR against boy  family members. Of 498a/306/34. None of boys family present at incident location not even city.  We were shocked to see the complaint against us. Suicide note says nobody is responsible. 

What could be the chances of getting this quashed?

Adv. Rajiv (Advocate)     25 November 2013

You may see State of Haryana and Ors. v. Chaudhary Bhajan Lal and Ors. by Supreme Court of India.
Para 107 of the Judgement you will 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.

In such cases the court attempts to ascertain whether a prima facie case is made out from the petition of the petitioners. So, you are required to show that there is no wrong doing on your part. So, a favourable report from the IO may help your case. You should essentially be trying to come up with any document or record that shows your innocence in this matter and illustrates the point as to how it is a case of vexatious litigation. But, you should also keep in mind that this power is exercised by the Court sparingly and therefore it is very important to tailor your petition and the evidence thereto in a manner which makes this a fit case for quashing of FIR.


Adv. Rajiv Malhotra
www.lawkonect.com
 

sanjeevarora   12 April 2015

Sir can u please give me the tittle case no and date of decision. Regards advocate sanjeev arora 9811085450

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