Quashing of FIR: Understanding Legal Rights Under Section 482

What is FIR?

The process of quashing or setting aside a First Information Report (F.I.R.) that has been filed with the police is known as “quashing of F.I.R.” A competent court’s dismissal or declaration of the charges or allegations included in the F.I.R. as void is known as “quashing it.” A F.I.R. is usually quashed in accordance with Section 482 of the Code of Criminal Procedure (CrPC).

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On what grounds can you Quash FIR?

One may request the quashing of FIR on one or more than one of the following grounds:

• Non-existent Prima Facie Case: Should there be inadequate proof or documentation to create a preliminary investigation against the defendant, the court might think about quashing the F.I.R. One may legitimately request the quashing of an action based on the lack of reliable evidence or the insufficiency of the claims.
• Frivolous Allegations: The court may quash the F.I.R. if it is determined that it is founded on baseless or false claims and it is clear that the complaint was filed with ill intent or ulterior motivations. If there are inconsistencies or contradictions in the claims, they might not be enough unless they are significant and address the core of the case.
• Compromise: The court may think about quashing the F.I.R. if the parties to the lawsuit have come to a settlement or compromise and there is no public interest in taking the case any further. Nonetheless, prior to nullifying the F.I.R., the court may assess the legitimacy and authenticity of the settlement in specific instances involving severe crimes.
• Abuse of the Legal System: The court may quash the F.I.R. if it determines that it was filed vexatiously, with the intent to harass the accused, or as a result of an abuse of the legal system. A false information report (F.I.R.) submitted with an ulterior intent or to intimidate the accused may be seen as a legal process of abuse.
• Violation of Legal Rights: If the F.I.R. is lodged in violation of a person’s fundamental rights, such as freedom of speech or expression, right to privacy, or any other constitutional protection, the court may consider quashing the F.I.R.
• Circumstances: In exceptional circumstances where the continuation of the legal proceedings would cause extreme hardship or grave injustice to the accused, the court may quash the F.I.R.

Quashing of FIR vis-a-vis CrPC

Section 482 [1] of the Code of Criminal Procedure, 1973 clarifies the inherent powers of the High Court pertaining to the Quashing of FIR in the following ways:

1. A High Court may take whatever action to ensure that the two objectives of justice are met, according to Section 482.
2. According to this clause, a High Court may dismiss a false complaint if it determines that the complaint was filed with the deliberate intent to cause the person who was wronged inconvenience.
3. A person may file a Writ Petition under Article 226 of the Indian Constitution and Section 482 of the CrPC with a High Court if they have been charged with an offense that is not punishable by law.
4. The petitioner bears the burden of proof that the FIR was filed solely with the intention of causing the petitioner inconvenience.

Rights and remedies for the acquitted

The individual found not guilty may petition the court to begin criminal charges against the complainant once the FIR is cancelled and they are released from custody. The following are the legal options open to the acquitted in such a situation:

1. Submitting a complaint under section 182 IPC against an individual who has given false information with the intent, knowledge, or belief that it is false or knowing that it is likely to cause the public servant to do or omit anything that the public servant ought not to do or omit if the true state of facts regarding which such information is given were known by him, or to use the lawful power of such a public servant to the injury or annoyance of any person, shall result in the either imprisonment of either kind for a term that may extend to six months, or a fine of up to one thousand rupees, or both.
2. Submitting an application to the court in accordance with CrPC 156(3)
3. Bringing a false criminal complaint against him under section 200 CrPC, falsely accusing him of a crime with the intention of harming him, or falsely accusing him of a crime, knowing that there is no reasonable or legal basis for such a procedure.
4. Filing a complaint against him under section 211 IPC, which stipulates that the complainant who has made false accusations and filed a fictitious FIR may be penalized with a fine, two years’ worth of imprisonment of any kind, or both. In the event that a criminal proceeding is initiated based on a false accusation of an offense carrying a maximum sentence of seven years’ imprisonment, life imprisonment, or death, the offender faces a maximum sentence of seven years’ imprisonment, as well as a fine.
5. Registering a fraudulent FIR and making false claims against him in violation of section 211 IPC, which says that the complainant may face a fine, two years of incarceration of any sort, or both. The perpetrator faces a potential punishment of seven years in jail as well as a fine if a criminal procedure is started based on a false charge of a crime carrying a maximum sentence of life imprisonment, seven years in prison, or death.

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