Response

After registering FIR on the information provided by the person the police have the right to arrest the accused person and investigate into the offence. This legal procedure will be unreasonable, oppressive or unduly burdensome to the accused person. In that situation, accused person has a remedy that is the quashing of fir. An FIR can be quashed by invoking the jurisdiction of section 482 of criminal procedure code, 1973.

An application can file under section 482 of CrPC to quash and set aside fir registered under section 498A of IPC. The High court can quash the fir if the court is convinced that the person is innocent and falsely implicated. It also can be done if the proceedings of a case are not conducted fairly and also in some cases where the provision of the section 498A of IPC is not attracted in the report. The High court can quash the F.I.R on the ground that a case is a false case. Quashing of FIR can also be done by writ petition under article 226 of the constitution of India.

Section 482 of criminal procedure code, 1973-
Saving of inherent power of High court – nothing in this code shall be deemed to limit or affect the inherent powers of the High court to make such orders as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.

Article 226 Of The Constitution Of India
The quashing of fir under article 226 of the constitution of India, 1950 shall be made only on grounds of perversity, illegality, irrationality and procedural irregularity. An F.I.R may sometimes set aside and quashed under article 226 on the ground of illegality and an apparent error of law in fir. A petition for writ cannot be rejected just because the proper writ or direction has not been sought.

Period Of Limitation
An application can file under section 482 of CrPC to quash and set aside fir at any stage once an F.I.R has been filed, but before the charge sheet filing stage. However, if circumstances necessitate even after the charge sheet filed the court can use its discretionary power under section 482 CrPC.

Once quash petition filed and police submit the report to the court. The quashing of FIR takes between 2 to 5 hearings to get the case quashed which will take anywhere between 10 days to 3 months.

Reference: Section 482 of criminal procedure code, 1973

Article 226 Of The Constitution Of India

Section 498A of Indian Penal Code,1860

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