Prasun Chandra Das (Banker) 19 April 2012

Quashing - general rules & procedures

Respected Lawyers in this forum:

I have a case against me lodged in a district court, which I want to take to high court for quashing. I would request lawyers in this forum to advise/opine on the following, which will not only benefit me in my case, but also (I believe) all current and future users seeking answers on "quashing":-

1) Can all cases, whether civil/criminal or others, be petitioned for quashing?

2) Is petition for quashing to be filed in the same court where case is going on, or in the next higher court?

3) Can petition for quashing be filed at any stage of the case?

4) If a court (where petition for quashing is filed) rejects/denies the petition, can the petitioner go to the next higher court with a petition for quashing?

5) What is the normal/average (a) time taken and (b) no.of hearings for the court to quash/deny quashing?

6) Is the physical presence of both the parties and/or witnesses required while the petition is heard?

7) If quashing is disallowed by the court, what happens? For example, if case is lodged in district court and petition for quashing is filed at and then disallowed by high court, does the case go back to district court for trial?

8) Continuing on Question-7 and the example given, can the high court, while disallowing the petition for quashing, direct the district court to (continue trial and) announce final judgement within a time frame?

Since I am a layman, kindly excuse my use of improper legal terms. Request esteemed lawyers to shed light on the queries above, preferably serial wise. I would also request all of you to put in more questions-answers on the subject of quashing in general, so that all of us laymen gain in knowledge and understanding.

Thanks.

Prasun Chandra Das

New Delhi

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 19 April 2012

1) Criminal Cases are amenable to quashing u/s 482 CrPC to prevent abuse of process of law, to secure ends of justice on grounds judicially established over the years (See. State of Haryana v. Bhajan lal - 1992 SC for the grounds)

2) Always in the HC

3) Any Stage - though the nomenclature would be different - quashing of FIR or chargesheet (onec it is filed) Quashing of summoning order etc. Courts would be reluctant to interfere once trial starts.

4)Yes SLP to the SC

5) They are decided quite speedily - Court normally asks for report from the IO.

6) Physical presence not normally required.

7) the trial continues.

8) Yes the Court definately has power to lay down a broad time frame for expeditious trial

Hope this helps !

Advocate Bharat Chugh

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Rishabh Khare (lawyer) 20 April 2012

An FIR can be quashed by High Court only. However for quashing an FIR, It is required to be proved that there are demerits in FIR and there has been occured abuse of process of law in registering an FIR. it is therefore advised to make effort to highlight that abusive process or demerits in FIR before High Court .

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