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Pratik (Student)     08 July 2013

Quashing of an fir

What are the prevailing SC judgments giving guidelines for the quashing of an FIR? Suppose I'm may be one of the suspects but police and the complainant ignores other suspects and only arrests me because of an FIR, can it be quashed? Also please mention the important case laws.


 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 July 2013

You can browse the supreme court cases in easily.

Ashok, Advocate (Lawyer at Delhi)     08 July 2013

In the case of State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : AIR 1992 SC 604 : 1992 Cri LJ 527, the Supreme Court laid down detailed guidelines as to in what circumstances an FIR can be quashed. Till date, this judgment continues to be the authority on this issue and other judgments have generally followed this case.



In the circumstances mentioned by you (i.e., where one suspect is arrested while other suspects have not been arrested), it may not be possible merely on this ground alone to get the FIR quashed. However, if any of the conditions mentioned in the aforesaid Bhajan Lal case are satisfied, you can try for quashing of FIR.

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