How to quash FIR?

How to quash FIR?

The Code of Criminal Procedure under Section 482 explains the inherent powers of the High Court. Section 482 CrPC specifies that a High Court has got the power to act in any manner in order to make the two ends of justice meet. This section states that FIR can be quashed if person thinks that the same has been filed falsely against him. Also, if it has been filed specifically for defaming that person.

Types of offences

There are basically two types of cases as mentioned in IPC. They are:

  • The offences that can be settled outside the court by the parties are classified as Compoundable offences. This means that when the court thinks fit that the specific case maybe solved by the parties outside the court. This needs a free consent of both the parties
  • The offences which are not allowed to be settled outside the court are known as Non-Compoundable offences.

In case FIR has been files against a person in non- compoundable offence, the person can reach the High Court in order to file for quashing the FIR. The quashing can only be filed when the person thinks that FIR has been falsely filed or has been filed with malicious intentions.

Section 482, CrPC

In the case of Parbatbhai Aahir & Ors. Vs. State of Gujarat & Anr., the Supreme Court elaborated some points related to Section 482. They are:

  1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer any new powers. It only recognises and preserves powers which inherited in the High Court;
  1.  While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
  2. The high court before passing any order under S. 482 should make sure that the decision will serve the justice at both the ends.
  3. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised;
    1. to secure the ends of justice or
    2. to prevent an abuse of the process of any court;
  4. When the offender and victim settle the dispute, the decision of quashing the FIR lies on the circumstances on the case. No exhaustive power can be exercised in this matter;
  5. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must need to consider the nature and gravity of the offence. The offences liker murder, rape etc does not come under it. Also, if the matter has been solved, the FIR cannot be quashed.
  6. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute.

Conclusion

In order to quash FIR, the High Court has the inherent power. It may differ from case to case. Every time, the situation revolves around the circumstances of the case. The decision taken by High Court has to justifiable and thus no decision can be taken unnecessarily. The quashing of FIR is a simple but, a complicated process.

“The views of the authors are personal

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I am Sejal Makkad, a student of Amity Law School, Amity University Chhattisgarh, pursuing BA LLB(H), currently in Semester VI. Apart from the daily routine of assignments and tests in college, I indulge myself in writing research papers. I look forward for conferences in different colleges to be a part of them. The research which I do in various topics increases my knowledge in such subjects which are not in the syllabus. This is a bonus point of writing articles and papers. Apart from the academics, I love to sketch and paint in my free time. I am also a cynophilist. I am interested in criminals laws, human rights mostly. The most favourite task for is to eat whole day because food is what makes me the happiest.