Quashing an FIR
Quashing an FIR – Legal Concept Explained
Quashing of FIR refers to the process where the High Court cancels or nullifies a First Information Report (FIR) under its inherent powers, usually when the complaint is found to be frivolous, malicious, or does not disclose any offence.
🔹 Legal Provision:
Section 482 of the Code of Criminal Procedure (CrPC), 1973
Empowers the High Court to act to:
Prevent abuse of the process of the court, or
Secure the ends of justice.
This includes the power to quash an FIR or criminal proceedings.
🔹 Grounds for Quashing an FIR:
No Prima Facie Case:
The FIR does not disclose any offence or lacks essential ingredients of the alleged crime.
False or Malicious Allegations:
FIR is filed with mala fide intent to harass or intimidate.
Civil Dispute Given Criminal Color:
Disputes like breach of contract or property disputes that are essentially civil but framed as criminal to pressure the other party.
Settlement Between Parties:
In non-heinous and compoundable offences, if parties reach a settlement, the FIR may be quashed.
Abuse of Process of Law:
Proceedings are being misused to harass the accused.
Delay in Filing FIR:
Unreasonable and unexplained delay may cast doubt on the complaint’s genuineness.
🔹 Important Case Laws:
State of Haryana v. Bhajan Lal (1992)
Landmark case that laid down seven principles for quashing an FIR.
Gian Singh v. State of Punjab (2012)
Supreme Court allowed quashing of FIR in non-compoundable offences if parties had settled and it served the ends of justice.
Narinder Singh v. State of Punjab (2014)
Reinforced the principle that the High Court can quash even non-compoundable offences (except heinous crimes) on settlement.
🔹 Offences Where Quashing is Generally Not Allowed:
Heinous crimes: Murder, rape, dacoity, etc.
Crimes against society: Corruption, terrorism, offences under special laws (e.g. POCSO, NDPS).
🔹 Procedure for Filing Quashing Petition:
File a petition under Section 482 CrPC in the concerned High Court.
Attach the FIR, chargesheet (if filed), and any evidence that supports quashing.
In case of settlement, attach a joint affidavit from both parties.
Attend hearings as scheduled by the court.
✅ Conclusion:
The power to quash an FIR is a discretionary and extraordinary remedy. It must be exercised sparingly and with caution, only when there is clear misuse of the legal process or when justice demands it.
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