Hello Sir,
IO lied me that he submitted chargesheet on 498A, 406 case against me. but today came to know that no chargesheet submitted. now IO got transferred to different PS and PS don't have any information on the new IO of the case.
what should I do now?
should I submit whatever evidence I have to PS and SP (like my medical admission record from the govt. hospital where I was admitted on the date of incident mentioned in the F.I.R etc) to prove my innocence and then go for 482 Crpc quashing?
Hello sir/ma'am,
Yes, you submit the evidence you have to PS and and quash the FIR under Section 482 of CrPc.
Following are the grounds for quashing an FIR -
The Supreme Court of India has issued some key instructions on the grounds and criteria for quashing a FIR under Section 482 CrPC in the cases of Sundar Babu & Ors vs. State of Tamil Nadu and State of Haryana versus Bhajan Lal. The following are the grounds:
Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
Where the allegations in the first information report 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.
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 without an order of a Magistrate as contemplated under Section 155(2) of the Code.
Where the uncontroverted allegations made in the FIR or complaint 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.
Where there is an express legal bar engrafted in any of the provisions of the code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
The exercise of quashing powers by the High Court under Section 482 CrPC is solely based on the judge's subjective judgement. They have to have a balance between the courts' authority under Section 482 of the Criminal Procedure Code and the facts of the case. As a result, no explicit boundaries for the High Court's exercise of its powers under Section 482 Crpc have been established.
Section 320 of the Code of Criminal Procedure mandates the compounding of criminal proceedings before courts subordinate to the High Court during the trial or during the appeal, but the provisions of Section 482 CrPC have an overriding effect on the same, given the High Court's broad powers to quash FIRs.
Hope this was helpful to solve your query!
Regards
Vrinda Malik
