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Quashing of Criminal Case & FIR

Quashing of a Criminal Case

No trial in any Court of Law in India be allowed to continue if the ends of justice are not met.  This particular statement is cornerstone of our Criminal laws in the country which is IPC akin Indian Penal Code & CrPC (Criminal Procedure Code).

But often it is seen that cases with malafide and vindictiveness is being filed in courts to frustrate, harass and exploit the innocents. So if you are suffering in the hands of law, you shouldn’t. High Court under 482 of CrPC has got the powers to quash frivolous FIR and criminal complaints meant to abuse the process of law. The most popular judgment of quashing of FIR’s that paved the way for ending futile and vindictive criminal cases was State of Haryana & Ors vs. Ch. Bhajan Lal & Ors on 21 November, 1990, 1992 AIR 604, 1990 SCR Supl. (3) 259.

Also Read- Discharge vs. Quashing of Complaints in Criminal Prosecutions

How it can be done?

A petition of quashing a criminal proceeding or FIR is filed under section 482 of the Code of Criminal Procedure at the High Court. A petition under section 482 CrPC can be filed on two grounds namely quashing a FIR or Criminal proceeding by way of challenging its legality or it can also be filed on the basis of compromise between the parties.

Also Read- FIR Quashing Procedure

Compromise Quashing: What is the procedure?

For quashing a FIR or proceeding firstly a petition under section 482 is filed at the High Court in whose jurisdiction FIR has been lodged or proceedings are being carried out. Once the court is satisfied that both the parties have reached to an amicable settlement and genuinely want to end up the matter, it will order to get the settlement statement recorded before the magistrate on a fixed date and will adjourn the case beyond the date fixed.

After the statement gets recorded the high court will order to quash the complaint/FIR on the basis of compromise arrived between the parties.

Also Read-  How to Quash FIR in Chandigarh at High Court.

Difference between Quashing and Compounding of Offences

Quashing of FIR or Criminal Complaint is meant under Sec 482 of CrPC whereas Sec 320 of deals with compounding of offences as stated in Indian Penal Code (IPC). Compounding is only limited to offences as stated in Sec 320 of the Criminal Procedure Code whereas Quashing under Section 482 is applicable to non compoundable offences which are not even listed in Sec 320. Offences generally private in nature are usually quashed whereas offences against the society are rarely quashed.

Also Read- How can you get your FIR Quashed

In what cases FIR or proceeding can be quashed?

Generally except for heinous crimes and economic offences, high court can order for quashing of FIR on the basis of compromise.

From the News

  1. A petition under section 482 cannot be filed for quashing economic offences on the basis of compromise by DailyPioneer.
  2. Supreme Court recent Guidelines (October 4, 2017) on Quashing of FIR/Criminal Proceedings on The Ground of Settlement between Parties by LiveLaw.
  3. Can’t quash rape FIR on basis of compromise alone: HC by TribuneIndia.
  4. Power to quash FIR is to be used cautiously: High Court by DailyExcelsior
  5. No inference to be drawn to impute any adverse antecedents which in any manner may come in way of depriving him from seeking public employment once the FIR is quashed u/s 482 of CrPC- Tripura High Court by LiveLaw.  

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