Quashing of FIR

You can also file an application for quashing of FIR where someone has registered a false case against you and High Court will quash the FIR if it is satisfied that the allegation mentioned in the FIR are false and bogus.

In Sundar babu and ors v State of Tamil Nadu and State of Haryana v Bhajan Lal the Supreme Court laid down some of the guidelines to consider for quashing the FIR under section 482 of CrPC. These guidelines are-

1. If the allegations made in the FIR does not make a case against the accused person or if they do not constitute any offence.

2. If the allegations made in the FIR are so absurd and inherently improbable that no reasonable person can do that

3. If the allegations made under the FIR does not disclose any cognizable offense

4. If the allegations made under FIR does not disclose any cognizable offense but disclose non-cognizable offence. In this case police cannot investigate the matter without getting an order from the magistrate.

5. Where a criminal proceeding is instituted with mala fide intentions for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

6. Where the allegations made under the FIR and evidence collected in support of the allegations does not disclose any offence committed by the accused.

Ways for quashing of FIR are-

1. The accused person can file an application for quashing of the FIR even after the charge-sheet has been filed.

2. If the accused and the complainant has entered into a compromise, then both of them can file an application in the High Court for quashing of FIR.

3. In case of financial dispute if the parties have come into a settlement, then the accused can file for quashing of FIR.

4. In cases related to matrimonial disputes if parties have come under the settlement, then both the parties have to file an application for quashing of FIR.

We here at Chaklan and Associates provide assistance in facilitating you to get a FIR quashed.