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PARTHA SARKAR (advocate)     24 November 2012

Quashing of fir

F.I.R. Quash is rarest of rare cases. Whether a F.I.R can be quash? Under what grounds a F.I.R. can be quashed (482) on proceeding false allegations in 498A matter?

 



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 5 Replies

cm jain sir (ccc)     25 November 2012

1) your fir shud have one or more merits as described in quashin of Bhajan lal case by sc.

2)The ju*ge should not be a brainless morons.

3)your advocate shall argue the case properly.

 

JOIN SIFF LOCAL CHAPTER TO KNOW MORE. IT IS A SELF HELF GROUP OF 498a PEOPLE.

Madan Mohan Pandey (District and High court advocate)     25 November 2012

There are certain circumstances in which FIR can be quashed.

1.There shall be no direct involvement in the crime as the circumstances and medical reports say.

2.The late time in filing the FIR, between the commision of the crime and the time when FIR lodged.Generally fabrication of facts can take place.

3.The previous enimity and past criminal cases between them.

 

Rashid Ali (own practice as a criminal lawyer)     26 November 2012

if you have only documentry evidance then think for fir quashing.otherwise it is very difficult.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 November 2012

Dear Querist

it's depands on the facts and circumstances of the case. there is no specific rule and regulation to quash FIR it is  discretionery power of the court.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     26 November 2012

No FIR can be quashed only on the argument that allegations are false since it is for the trial court to decide.

The appex court  has specifically laid down clear and transperant rules in this matter.

Latest case law of SC about former railway minister   C.K. Jaffer Sharief ON 9th November 2012 where the DC has quashed the criminal proceedings since the FIR and chargesheed do not disclose any offense.

On the other hand famous ARUSHI MURDER  case the SC declined to quash since mere allegation the charges are false can not be basis for quash.


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