” FIR Quashing:
FIR quashing is the petition filed to the High Court. For quashing the FIR and all associated proceedings towards the accused. An FIR an be quashed through the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous .
Dear sir, we must appear to the court for quashing before the respective jurisdiction of the court
On the grounds of mutual and amicable settlement we have the rights to approach the court for quashing.
See, the FIR could be quashed on the grounds on mutual agreement under the provisions of code of criminal procedure under Section 482. The Hon’ble High Court has inherent power to quash the FIR on the basis of settlement . And another important thing is that you could additionally report an application in Police Station wherein you need to state the facts and statements in relation to the mutual agreement
The attorneys price minimal 50 ok for quashing and 5500 in keeping with hearing.
Grounds for Quashing FIR
The Supreme Court of India in the case of Sundar Babu & Ors vs. State of Tamil Nadu and State of Haryana vs Bhajan Lal had issued certain essential recommendations as to the grounds and conditions for quashing of an FIR under the provisions of Section 482 CrPC. The grounds stated are mentioned below:
Where the allegations made in the FIR or the complaint, they are supposed to look on prima facie grounds whether it constitutes an offence. and is to be recorded in its entirety do now no longer prima facie constitute any offence or make out a case against the accused.
Where the allegations have been stated in FIR or complaint filed are so absurd and inherently improbable on the grounds of which no prudent person can ever reach a just conclusion that there must be a sufficient reasons for the proceeding framed against the accused.
Where the allegations provided in the FIR or other materials, if any, accompanying the FIR does not through any way disclose the offence of cognizable nature, justifying an investigation through the means of officers in charge under Section 156(1) of the Code except under an order of a Magistrate withinside the purview of Section 155(2) of the Code.
If the FIR has been filed and it doesn’t constitute an offence of cognizable nature then the investigation powers are not provided to the police officers and rather the permission of the Magistrate is required under Section 155(2) of the code of criminal procedure.
If the evidences collected does not support or disclose the allegation of the unconverted allegations, in relation to the case against the accused.
Where the institution or continuance of the proceedings are provided under and expressed legal bar or the provisions of any code, it shall be applied efficaciously to redress the grievance of the aggrieved parties
Where a criminal proceeding is initiated with a mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”
Reference: under Section 482 CrPC. – – AHG348 – 202100585 – 188 – 169- 202100135202100424749