Related to quashment of fir

If the FIR is quashed by high court then the accused may file a petition before the trial court to discharge him from the case on the basis of the quashing of the FIR. 

It is not automatic.

Dear Jeevan Antulay,

After going through your query regarding the quashing of an FIR by any High Court, I would like to provide the answers regarding the same.

With reference to Section 482 of the CrPC, whenever any High Court quashes (in layman language terms, cancels) an FIR, all the legal proceedings related to the FIR, against the accused subsequently come to an end.

Now let us come to your questions in detail:

First of all, the proceedings that were in process automatically stop and the accused is released, once the FIR has been quashed. All the legal actions, whether it is an arrest, detention, or even trial, become null. This means, that if the accused was in custody then he would be released automatically, as the case that was going on against him no longer exists.

Rest, you don’t have to apply for bail as bail is only applied in those matters which are having a proper case and charges against the accused, and since all the charges have been dismissed, the accused should be released without any further issues.

Next, a new FIR can only be filed when there is some new evidence or new facts that were not previously covered in the original FIR, which was quashed. Otherwise, any new FIR with all the previous facts can not be filed. If new facts emerge, then there shall be no effect of the quashing of the previous FIR, on the new legal actions. Only one condition is there, that the grounds shall not be the same as the previous ones.

I hope my answer clears all your doubts.

If you have any follow-up questions or need further clarification, feel free to ask.