Quashing Query U/S 406,420,467,468,471
Nishant Singla
(Querist) 26 October 2008
This query is : Resolved
A PERSON OF MY VILLAGE BY USING FALSE ALLEGATION IN THE COURT OBTAIN ORDER OF JUDGE UNDER 156(3)OR CRPC AT YAMUNA NAGAR HARYANA. IN HIS COMPLAINT HE MADE SOME ABOUT 28 ALLEGATION. OF WHICH 21 ALLEGATION ARE FALSE. SO, I WANT TO FILE A QUASHION PETITION IN THE HIGH COURT. CAN I SECCEED OR NOT.THIS IS A PANCHAYAT MATTER. AND IN MOST OF THE MATTER DURING THE TENURE OF MY FATHER HE GAVE HIS CONSENT AS WELL , NOW HE DENOTE THEM FRAUD.
SO, PLZ SEGGEST ME CAN I SUCCED IN MY QUASHION OF FIR MATTER IN HIGH COURT.
K.C.Suresh
(Expert) 27 October 2008
Quashing FIR is rare but allowed in cases where there are sufficient grounds. But in your case only 21 out of 28 are false. What about the balance 7 Is it worth of FIR. If that be so what is the purpose of your attempt to trappice in the HC.
deepak kumar
(Expert) 27 October 2008
even if the allegations are false an FIR denoting commission of offence can not be quashed.
smilingadvocate
(Expert) 27 October 2008
At the out set no quash is allowed at the stage of FIR and in your case if there are no allegations made out against your client on the face of it and basing onthe allgeation no proper offence is attracted then you can get the quash petition allowed.
Adv.Shine Thomas
(Expert) 28 October 2008
In State of Haryana v.Bhajan Lal 1992 the SC has stated that the HC is entitled to exercise its inherent jurisdiction for quashing a criminal proceeding or an FIR u/s 482 CrPC,when the allegations made in the same do not disclose the commission of an offence and that it depends upon the facts and circumstances of each particular case.
While exercising such inherent powers,the HC must be satisfied that either;(a)an order passed under the Code would be rendered ineffective or,(b)the process of any court would be absued or,(c)the ends of justice would not be secured.
A lethargic delay in the investigation may lead to a quash petition(State of AP v.P.V.Pavithran)and jurisdiction is also a ground for quash petition(Abraham Ajith & others v.Inspector of Police Chennai,2004SCC).If there is an alternative remedy available,then sce.482 cannot be applied.It can't be used when a case is in the investigation stage(RK Dalmia v.State 1975 CrLJ 1332).
J K Agrawal
(Expert) 28 October 2008
Escape from High Court Try at investigation officer level by producing documents of your favour or at lower court level only.
