What
is FIR quashing in CrPC?
FIR quashing refers to the process of invalidating or cancelling an FIR that has been filed with the police. Quashing an FIR is done in exceptional circumstances when the allegations made in the FIR are baseless, frivolous, or vexatious or if there is a gross abuse of the legal process.
FIR quashing refers to invalidating or cancelling a First Information Report (FIR) filed with the police
alleging the commission of a cognizable offence. Quashing an FIR is done in
exceptional circumstances when the allegations made in the FIR are baseless,
frivolous, or vexatious or if there is a gross abuse of the legal process. The
power to quash an FIR is vested with the High Court under Section 482 of the
Code of Criminal Procedure (CrPC) in India.
Applicable
Case Laws:
The power to quash an FIR is vested with the High Court under Section 482 of the CrPC. The Supreme Court has laid down several guidelines and principles to be followed by the High Court while exercising this power. The following are key case laws that have shaped the jurisprudence of FIR quashing in India.
State of Haryana & Ors. Vs Bhajan Lal & Ors.
(1992): This landmark judgment laid down the criteria for quashing an FIR under
Section 482 of the CrPC. The court held that the power to quash an FIR should
be used sparingly and only in cases where legal process is clearly abused. The following are the grounds on which an FIR can be quashed:
(a) Where the allegations made in the FIR are patently
false or constitute an abuse of the legal process
(b) Where the FIR does not disclose the commission of
a cognizable offence.
(c) Where there is no prima facie case against the
accused.
d) Where the proceedings are maliciously instituted
with an ulterior motive.
R.P. Kapur Vs. State of Punjab (1960): In this case,
the Supreme Court held that the power to quash an FIR should be exercised in
cases where the allegations made in the FIR are manifestly false, or the
legal process is abused for malicious purposes.
Madhavrao Jiwajirao Scindia Vs. Sambhajirao
Chandrojirao Angre (1988): The Supreme Court held that the High Court can quash an FIR even in cases where the allegations are accurate but do not
constitute a cognizable offence. The court further held that the High Court
should exercise this power sparingly and only in exceptional circumstances.
Guidelines of the Supreme
Court:
In addition to the above case laws, the Supreme Court
has laid down several guidelines and principles to be followed by the High
Court while quashing an FIR. The following are some of the key guidelines:
- The power to quash an FIR should be
exercised sparingly and only in cases where the legal process is clearly abused.
- The High Court should not go into the
veracity of the allegations made in the FIR while exercising its power to
quash.
- The High Court should consider the
totality of the circumstances while quashing an FIR and should not limit itself
to the grounds enumerated in the Bhajan Lal case.
- The High Court should consider the effect
of the continuance of the criminal proceedings on the accused, including the
impact on their reputation, business, and personal life.
Conclusion:
FIR quashing is an exceptional power vested with the High Court under Section 482 of the CrPC. While exercising this power, the High Court should be guided by the principles laid down by the Supreme Court in various cases.
References
Gaur, K. 2009. Textbook on the Indian Penal Code. Universal Law Publishing.
Criminal Justice and Supreme court (2005), Allied Publishers.
Vadackumchery, J. 1997. Indian Police and Miscarriage of Justice. APH Publishing.
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