Quash 482

Quashing of 304B is extremely hard if not impossible, harder than it is to get any other case quashed. The court of first instance for quashing is the High Court u/s 482 and not the SC. If the HC refuses to exercise its inherent power to quash the FIR, the aggrieved petitioner can move to the SC. Unless the allegations at the very outset reveal commission of no offence the FIR will not be quashed. Even if the FIR is a blatant abuse of the process of law it would require a very robust legal reprsentation to convince the HC.

Fees is not uniform and varies from one lawyer to another.

The affidavits of the complainant/state would be perused thoroughly by the court. They have an indefeasible right to rebut the petitioner's case.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

Dear Querist,

1. Quashing of FIR is done on specific legal grounds as laid down in Bhajan Lal's Case, these are 

8.1. In the exercise of the extra-ordinary power under Article 226 or the inherent powers under Section 482 of the Code of Criminal Procedure, the following categories of cases are given by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guide- myriad kinds of cases wherein such power should be exer- cised:

(a) 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 ac- cused;

(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investi- gation 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;

(c) 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;

(d) 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;

(e) 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;

(f) 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 institu- tion 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;

(g) 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. [305D-H; 306A-E]

for more judgments on quashing : see https://advocatebharatchugh.wordpress.com/2012/11/12/how-to-quash-false-498a-quashing-petition-grounds-and-judgments/

2. Fees depends on the lawyer, there is no fixed fees.

3. If chargesheet is not presented - Only FIR would be seen and in extreme cases the Case Diary. if the SLP is admitted the State/Complainant get to file their counter affidavits rebutting one's claim. 

Good Luck !

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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thank you sirs,

i've understood that FIR quash is very difficult and FIR should be really absurd to quash it, as enumerated very clearly in the replies above.

now my main query is, while FIR has been written intelligently by the other party, however they had filed an affidavit which is really stupied and laughable, means to say the crime they allege is really absurd and improbable. So, can we show this absurd affidavit to the court and get the FIR quashed ?

thank you.

In quash proceedings the approach of most HC judges is not to look beyond the contents of the FIR. Some judges agree to look into any documentary or any other evidence if it is of unimpeachable nature. Affidavit can be a supporting evidence in quash proceedings and may be scrutinised by the HC along with the FIR. However, if the FIR itself does not lend credence to the case of the petitioner to the extent that it calls for the exercise of inherent power by the HC, the affidavit alone will not be the basis of quashing no matter how 'stupid' and 'laughable' it is.