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Aishwarya (Teacher)     15 September 2011

Quashing of fir

Can an FIR be Quashed and at what stage ?

can it be given for quashing in the high court before framing of the charges.?


 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     15 September 2011

The state high courts in India have been given supervisory and regulatory powers over the conduct of the lower criminal courts within their respective territorial jurisdiction, including inherent powers under section 482 of CrPC. Section 482 confers inherent powers on the state high courts to intervene in any criminal proceedings, to prevent abuse of the process of the court and to secure the ends of justice. Faced with a false criminal complaint, a person can file a petition under section 482 of the CrPC with the state high court and seek quashing of the criminal complaint.


Tthis section should be invoked prior to filing of charge-sheet or prior tto framing of charge.

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Aishwarya (Teacher)     16 September 2011

Q.Can the lawyer and judge demand the guy to pay in cash to 498a wife a lump sum amount more than a lakh,?

Q. Is there a chance that amount would come under some tax purview ? and the guy again gets in trouble ?

 Q Can the judge demand anything like this even if the guy cannot afford and has lost job and has no means as   such to pay ?

Q Can anything concrete be done to counter this as there's lft no time to appeal in high court for this and it is to be done in some 10 days time ?

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