can fir be quashed - before filling charge sheet
Alex
(Querist) 11 March 2013
This query is : Resolved
Hi Experts,
I have few queries.
A FIR have been filled against my Dad and brothers for beating a man with weapon(Though it is a SIMPLE Quarrel it was portrayed as Gangster attack).
1. The FIR was filled after 2 weeks, the incident was happened.
2. We took conditional bail after 2 weeks the FIR was filled. None of us was arrested before the bail.
3. The incident was happened before ONE YEAR but the Charge sheet was not yet filed.
4. We haven't received any Summon from the court yet.
5. It was really a worry for all of us as I am working in IT companies and one of my brother is searching for job.
Could any one of you please suggest me the best approach to be followed.
Can the FIR be quashed before the charge sheet is filled?
Your help is much appreciated.
Thanks,
Arjun
Advocate M.Bhadra
(Expert) 11 March 2013
You can file a Quashing Petition in high Court u/sec.482 Cr.P.C.,but merit of this petition is rare.
Section 482 of the Cr.P.C. provides that
“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 this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.”
The Court, in exercise of such power must be satisfied that:
(i) An order passed under the Code would be rendered ineffective; or
(ii) The process of any court would be abused; or
(iii) The ends of justice would not be secured. (See http://ipc498a.files.wordpress.com/2007/10/understanding-section-482-high-court-quash-petitions.pdf)
The Supreme Court laid down during an appeal in the 2005 case, State of Maharashtra v. Arun Gulab Gawali, that ‘the power of quashing criminal proceedings has to be exercised sparingly and with circumspection, and in the rarest of rare cases’
In B.S. Joshi & Ors. Vs. State of Haryana & Anr. (AIR 2003 SC 1386), the Court held that intrinsic power must be utilised with the singular purpose of preventing the abuse of the process of the court or to otherwise serve the ends of justice. In exercise of inherent powers, accurate scrutiny of facts and circumstances of the case concerned are completely essential.
The Courts have been given innate powers to check the abuse of the process
Raj Kumar Makkad
(Expert) 11 March 2013
It is better to file quashing of FIR before high court by engaging a lawyer.
K.K.Ganguly
(Expert) 12 March 2013
1. Yes. The petition u/s482 of Cr.P.C. is filed for quashing the FIR without waiting for charge sheet,
2. It is normally filed as soon as FIR is lodged,
3. It is a fit case to get the FIR quashed.
