Response

There is no term as squash in law. The High Court will order a FIR to be quashed if the court is persuaded that the individual is innocent and has been falsely accused. If the aggrieved individual has been arrested, a High Court will quash the FIR on the grounds that it is a false case and order the police to release him. The intrinsic powers of the High Court are explained in Section 482 of the Code of Criminal Procedure, 1973.

A High Court has the right to act in some way to bring the two ends of justice together, according to Section 482 of Code of Criminal Procedure, 1973. This section states that if an individual believes that a false FIR has been brought against him, the FIR may be quashed. Section 482 retains the High Court’s inherent powers to discourage misuse of the court’s procedure or to protect the ends of justice. There are no additional powers conferred by this clause.

It just recognizes and protects the powers that the High Court has inherited.

A High Court can quash a FIR under section 482 if it believes the FIR was filed with the sole intent of defaming and harassing the aggrieved individual. If a person has been charged with a non-compoundable offence, he or she may file a Writ Petition in a High Court under Article 226 of the Constitution of India, 1950 and Section 482 of the Code of Criminal Procedure, 1973.

The plaintiff bears the burden of proof in proving that the FIR was filed solely for the purpose of harassing the petitioner.

Reference: Section 482 of Code of Criminal Procedure, 1973; Article 226 of the Constitution of India, 1950

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