Last Updated on January 9, 2018 by Legalseva.net
What is Quashing-In plain simple words it is rejection as invalid. In legal parlance, it is dropping of proceedings against individuals or a group by High Court only. Criminal Procedure code under section 482 envisages provision for quashing of cases when prima facie complaint is false and the probability of accused committing the crime is meek and bleak.
Section 482 of CrPC reads as under:
482. “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.”
In what situations FIR can be quashed?
1 In cases of compoundable offences, by way of settlement or compromise.
2 In case of non compoundable offence by filing quashing petition in High Court under section 482 of CrPC.
When can it be filed?
- To secure the ends of justice
- To prevent abuse of process of court
Quashing of cases can mostly be seen in cases of crime against women (caw) i.e. 498A, 498, Dowry, Domestic Violence, 406 etc. Undisputedly, these sections are misused and broken many matrimonial homes permanently and the only recourse with the court is to quash these cases and let the party begin their second innings.
High Courts of States have inherent powers under section 482 of CrPC where they can prevent miscarriage of justice and set the justice on the correct path again. For the states of Punjab and Haryana and Chandigarh (U.T.), the only remedy left would be to file Quashing petition in Punjab and Haryana High Court at Chandigarh.
The Quashing of a case can also be done in Punjab and Haryana High Court at Chandigarh on the basis of Compromise/Settlement Quashing Petition also. Supreme Court has time and again issued notification for both general quashing of a criminal case and in case of a compromise. You can read it all here.
FIR Quashing in criminal cases registered at various police stations of cities of Punjab, Haryana and Chandigarh can only be filed at High Court Chandigarh. One must bring the all the necessary documents relevant to most suited Criminal Lawyer in High Court Chandigarh and get Quashing of a criminal case done. In case you wish to seek case specific advice dial 9988817966 or say [email protected]
