FIR quashing can be done by filing a petition under Section 482 of CrPC. The said provisions related to FIR quashing read as under:
“Saving of inherent powers 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.”
First Information Report is commonly known as FIR which is defined under Section 2 (d) of the Code of Criminal Procedure and reads as under:
“Section 2(d) in The Code Of Criminal Procedure, 1973
(d) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offense, but does not include a police report. Explanation.- A report made by a police officer in a case which discloses, after investigation, the commission of a non- cognizable offense shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;”
By its meaning, FIR is only a report to the police by anyone which the police is under obligation to investigate and determine the allegations and submit a charge sheet before the court or a closure report. The police may find the allegations of the FIR to be not proved or incorrect and file a final report or closure report before the court therein stating that the FIR needs to be closed.
An FIR can be quashed in High court under section 482 crpc. Usually the grounds for quashing the fir are as follows:
Charge sheet is not produced even after 1–2 years of the fir being registered
There is clear proof that the FIR was registered as a counter fir, meaning that the accused in the present fir has already filed a previous fir as complainant against
the same person who has filed the present fir.
There is crystal clear evidence that accused was not present at time of crime in that area or that the accused has the same name as that of the original perpetrator. Other coreevidencee
Accused and complainant want to compromise but offences are non compoundable and police refuses to do the same.
FIR quashing can be done right after the registration of the FIR or during the investigation. It can also be done after the investigation is complete and the charge sheet if filed by the prosecution.
The accused or the suspected persons have the right to seek the FIR quashing on legal grounds and to show that the contents are contradictory and the FIR would never lead to a conviction of the accused person. This is a very important work as it leads to the FIR quashing, so it has to be done very carefully through a highly qualified and trained advocate. The grounds for FIR quashing needs to be determined very clearly and established before the court.
The next stage of FIR quashing comes when the police file a charge sheet before the court and the accused person feels that the contents of the same are inherently improbable or contradictory or impossible. The accused person has then a right to approach the High Court for quashing of the FIR. The quashing of FIR can be also done on the basis of compromise between the informant or complainant and the accused persons.
FIR quashing can be filed by the accused persons based on the merits of his case but one should bear in mind that prima facie they have to show a case in their favor on the basis of the charge sheet. If the charge sheet as filed by the police is in contradiction of any law, then also quashing of FIR can be done.
