Quashing of FIR

As per your query it is understood that you need information regarding the quashing of the FIR.

After the settlement between you and the other party you can make an appeal in the High Court who has the jurisdiction to entertain your case for quashing of FIR.

Section 482 enumerates that a High Court has got the power to act in any manner in order to make the two ends of justice meet.

Under this section, a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person.

If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC.

The burden of proof is on the petitioner to prove that he FIR has been lodged only for malicious reasons and to trouble the petitioner.

The Apex Court in its landmark judgment in Madhu Limaye vs the State of Maharashtra, has laid down some very important principles which modulate the exercise of the powers of Section 482 CrPC by the court:

1.    The exercise of powers under Section 482 CrPC for FIR quashing is not to be resorted to if there is a specific provision in code to redress the grievances of the aggrieved party.

2.    Powers under Section 482 CrPC for quashing should be exercised sparingly and to ensure the abuse of process of any Court or otherwise to secure ends of justice.

3.    The powers under Section 482 CrPC should not be exercised for quashing against the express bar of the law engrafted in any other provision of the code.

Hope it helps!

Regards,

Anusha Singh

Only under section 138 NI Act, FIR was registered! Are you sure?

The settlement terms will have to be first filed before the concerned magistrate who will pass an order after taking cognizance of the settlement arrived between the parties to the suit. 

On the basis of the order passed by the concerned magistrate you can file an appeal for quashing of FIR in the High Court.