quarshing how??

@Satnam

Quashing is a power of the High Court under 482Crpc to quash proceedings emenating from any FIR or the FIR itself on specific grounds as below:

- The plain reading of the FIR does not disclose any cognizable offence

- The judge feels that this FIR is a result of personal amenity to wreck vengence

- The FIR is utter abuse of law

There are many different conditions given by the Supreme Court for the guidance of the High Court to decide quashing such cases. One should have an extra ordinary case which on the face of it without going into discussion of evidence shows that FIr is only a way to humiliate the accused

Quashing can be filed anytime during or after the investigation. However it is advisable that after charge-sheet is filed, then only one should move for quashing as thats the final report whcih the investigating officer has and thats the total proofs against you. So court would give some weightage to the charge-sheet as well apart from FIR.

//peace

/Saurabh.V

what, if police submitts its final report that case is not being made out and no charges are framed... but the trial court does not comments any thing and calls the petitioner... can we go to high court for quashing? mine is a case of 498A in which Police has submitted final report, my wife recalled the application and succeeded in getting the orders for Re/Further investigation. Again Police submitted final report without any charges and gave a clean chit to us. now trial court has issued notice to her for appearing. is there any chance for entertaining her case as private case because she will definitely challenge and appeal.Please suggest..