156(3)

on the basis of facts or the settlement the FIR can be quashed but it's also depends on the nature of the aligations made in FIR.


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1. state complete facts,

2. for quashing of the FIR you are required to approach the concerned High Court only of you have some solid grounds for the quashing

The question, primafacie, does not contain the purpose of query. Still, understanding the question leaves two aspects:
1. Whether the process of investigation in the FIR so lodged has been completed by LEA/P.Stn concerned.
2. Whether the investigation is still on, and the accused wants to get it quashed.

In answer to the 1st aspect first, finalisation of the process of investigation is important part of process, and once the closure report has been filed, the further procedural action has been explained by one of the respected member above. In addition, there are all the chances that the complainant/victim will be summoned for statement/additional evidence he/she has. Its only rare, that the court proceeds and accepts the final report filed by LEA on its own, without informing the complainant. In answer to the second aspect, however,even before the closure of investigation, the party concerned can approach the HC either on the grounds of compromise between the parties, or facts of the case, where HC can pass the appropriate orders to the LEA, and subordinate court as per the decision of hearing, however, the outcome/relief will depend on the facts of the case.

Hi

Thank you for asking this question

Section 156(3) of Crpc defines: If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made.

According to your questiion under sec 482 of Crpc, HC has the inherit power to Quash the matter which shall assume as Fake one.

Hope this will help you

Best regards

Akshay Gupta

 

The Query says, "  ......  FIR ordered by Court  ......  "

FIRs are not ordered by Courts.

According to Section 156(3), Investigation is ordered by Court, not FIR.

Quashing FIR?

Who'll apply for quashing?     The Accused?     Though a person is mentioned in the Chargesheet or Complaint as Accused, the Accused has no say until he receives summons.    He cannot stand before the Bench nor his Counsel.     Accused doesn't come in the picture.

What's more, at the stage of FIR, no question of quashing.

A Complaint is quashed; a Cargesheet is quashed; FIR is never.

Only can High Courts quash Complaints and Chargesheets.

Quash is more difficult than Discharge.    If the Accused can convince the High Court for quashing the Complaint or Chargesheet, convincing Trial Court is easier and inexpensive for obtaining Discharge.

High Courts are slow to qhash however strong the grounds may be; Trial Court must take action on the Criminal Miscellaneous Petition filed by the Accused for Discharge.  

Shri Akshay

Dear Sir

Section 156 (3) of The Criminal Procedure Code enables a Magistrate to order an Investigation.    The acronym, viz., FIR, is not even seen in the sub section. 

No facts posted for consideration and obligation by experts.

It is advisable to consult a local prudent lawyer for appreciation of facts/ documents, professional guidance and proceeding if required.

Hi,

Regarding your query, 1st thing I should mention is that quashing an FIR and section 156(3) are very separate things.

Section 156 (3) of CrPC says that '' Any Magistrate empowered under section 190 may order such an investigation as above mentioned''., we must understand section 190 of CrPC. It doesn’t talk about quashing of FIR

Section 156 in The Code Of Criminal Procedure talks about Police officer' s power to investigate cognizable case. It says

1. Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
2. No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
3. Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.

It has been held by The Apex Court in CBI & another vs. Rajesh Gandhi and another (1997) that ''no one can insist that an offence be investigated by a particular agency”

 

Quashing of FIR is a provision mentioned under Section 482 o CrPC which says,

"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."

Supreme Court has dealt the matter of quashing of FIR at length in various cases and the landmark case which holds water till date

The decisions of High Courts in this regard, ought to be guided by following twin objectives, as laid down in Narinder Singh v. State of Punjab (2014) 6 SCC 466:

1. Prevent abuse of the process of court.
2. Secure the ends of justice.

 

In the case Prashant Bharti v. State of NCT of Delhi (2013) 9 SCC 293 the court said:

In order to determine the veracity of a prayer for quashing the criminal proceedings raised by an accused under Section 482 of the CrPC, the following questions have to be analyzed by the High Court that The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated.

 

In the case of State of Haryana v. Bhajan Lal 1992 AIR 604, the Supreme Court had laid down following seven categories of cases in which the court can quash criminal proceedings:

 

1. Where the allegations made in the FIR, even if taken at face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused.
2. Where the allegations in the FIR and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1)of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
3. Where the allegations made in the FIR and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
4. Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer, unless a Magistrate has issued an order for the same, as contemplated under Section 155(2)of the Code.
5. Where the allegations made in the FIR are absurd to the extent that no prudent man can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

I hope this solves your query.

Regards,

Archit.