Quashing Of A FIR

Asked in Construction

  • Pintu Yadav

    NA

Expert's Answers(8)

  • Advocate Krishnamoorti bhat

    Bangalore, Karnataka
     

    quashing FIR can done by high court

    June 12, 2020
  • Advocate Abhimanyu Gurawalia

    Patli Hajipur, Haryana
      60 Client Ratings

    you can move to High court for quashing of f I R

    June 11, 2020
  • Advocate N Karthikkanna

    Madurai, Tamil Nadu
      60 Client Ratings

    You can file a quash petition in High court. FIR will be quashed for legal errors, evidences may or may not help at this stage. Approach a good lawyer and get opinion about the evidences you have.. for further assistance plz book for consultation..

    June 11, 2020
  • xxxxx cxxxxx

    Bengaluru, Karnataka
      184 Client Ratings

    Only reputed advocate can do your job because daily so many quashing petitions will be filed. If you have counter evidence the High Court says either to file Discharge application before Trial Court or use during trial or get B Report (no case made out Report) by police.

    June 10, 2020
  • Advocate Madhuker Sharma

    Jaipur, Rajasthan
     

    ugo to High Court for quashing FI R and file 482

    June 10, 2020
  • Advocate Vaibhav Kharbanda

    New Delhi, Delhi
      4 Client Ratings

    sir, you only know that false FIR has been filed against you, quashing depends on the gravity of offence or upon settlement between the parties. thus, you can file complaint case against the complainant to give him taste of his own medicine

    June 10, 2020
  • Advocate Gopal Verma

    Delhi, Delhi
      3 Client Ratings

    These cases are very common in various Courts of India and Supreme Court of India. I have dealt with such cases in Supreme Court. The Hon'ble Supreme Court after discussing various precedents on the subject summarized the following broad principles in relation to Section 482 for quashing FIRs. 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 new powers. It only recognises and preserves powers which inhere in the High Court; The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. 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. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power; While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; to secure the ends of justice or to prevent an abuse of the process of any court; The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated; 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 have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences; As distinguished from serious offences, there may be criminal cases

    June 10, 2020
  • Advocate Mohit Adarsh

    New Delhi, Delhi
      5 Client Ratings

    Dear Pintu It is advisable to file an application seeking to quash FIR in high court. The concerned high court of your state has power to quash false FIR lodged against you.

    June 10, 2020