Ujjwal (Student) 05 September 2018

Quashing of FIR

When a court is exercising jurisdiction to quash an FIR under Article 226 r/w section 482 of cr.p.c. can the court set aside the FIR on the basis of settlement between the parties. In case, the answer to above question is affirmative then does that agreement gets the authenticity of the court like you get application under order 23 rule 3 of cpc and the decree can passed. What are the distinction between the order passed by HC u/a 226 of the Constitution and section 482 of cpc?

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5 Replies

Adv. Varun Vij (Advocate) 05 September 2018

You need to file a petition to quash a FIR in High Court of your state. The reasons and grounds can be stated in prayer too.

Adv. Varun Vij

Juris Falcons Law Group

08779007569

Vinit Nair 05 September 2018

Court can set aside F.I.R on the basis of settlement taken place between the parties, it is called Consent Quashing. Party will have to file an Affidavit stating that settlement has been taken place so it can be quashed. And on the basis of this Affidavit Court will pass an order for Quashing, unless and untill if it is not a grave offence.

Ujjwal (Student) 06 September 2018

Vinit Sir,

Does that agreement gets the authority of the court like we get application order 23 rule 3 of cpc and the decree can passed. what are the distinction between quashing of FIR under Article 226 of constitution and section 482 of cr.p.c? which have wider scope ?