WHAT AND HOW IS – QUASHING OF FIR BY HIGH COURT OF CHANDIGARH
In any Complaint, alleging any cognizable offence, it is duty of Police to register FIRST INFORMATION REPORT (FIR) and then start the investigation of Complaint / FIR and get justice delivered to complainant but some time false FIRs were registered by Police, due to many reasons and innocent persons have to suffer due and face prolonged trial in court. It is observed by Hon’ble Supreme court of India and by various High courts as well that in many cases, such as under section 498-A of Indian penal code (IPC) dowry related complaint, Under section 420 and 406 of IPC related to Forgery and cheating, under section 363, 376 of IPC i.e related to much serious offences such as Kidnapping and Rape, SOMETIME ( it is important to mention here that these are serious offences made punishable for protection of innocent persons and mostly filed by genuine victims but some time these and other provisions of law are also misused by complainant to settle their personal scores) false FIRs have been registered by Police against innocent persons or it is also possible that any innocent persons is framed by Police under very serious offences as Accomplice with main accused, it is very much possible that for this, he would be punished as well on conclusion of Trial without any fault on his part.
QUASHING OF FIR
There are options available with innocent person if he is framed in false FIR under different offences provided under law. He can approach Hon’ble High court for Quashing of FIR under section 482 of Criminal procedure Code. Quashing proceeding before Hon’ble high court can be segregated under two classifications further –
On basis of compromise
Quashing of First information report (FIR) on the basis of compromise – Both of these Quashing proceedings / petitions are to be filed under section 482 of Criminal procedure code before Concerned High court only. As name suggest, In this kind of quashing, FIR got quashed on basis of compromise between the parties, this kind of quashing is mostly used in Quashing of FIR involving white collar Crime or Financial Crime, Offence under section 498- A, 406, 420 of IPC or any other offence Compoundable with permission of court. This Quashing of FIR cannot be done by Hon’ble high court, in serious cases such as Murder, sedition, Gang rape etc
QUASHING OF FIR ON MERIT
This kind of quashing is done on merit or demerit of the FIR, Hon’ble Supreme Court has ruled in number of cases that the High Court can quash an FIR against a person if it did not prima facie disclose any offence or on any technical ground. if upon the admitted facts and the documents relied upon by police or complainant in his complaint, presented before the court in form of Challan or criminal complaint respectively and on careful examination of them by court, the court reaches to conclusion that from facts mentioned therein, no case is made out on face of it then Hon’ble high court can Quash FIR or criminal complaint in question and all further proceedings.
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