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(Guest)

Quashing of criminal charges

Good evening experts,

My query is related to quashing of criminal charges.

Here the petitioners filed for stay of arrest  basing on FIR certified copy. Court granted the relief "stay of arrest".  (WP was fiiled) subsequently Chargesheet filed  and numberd , petitioners again approached the court for quashing charges (CRLP was filed seperately).NOw the parties entered for compromise. Advocates are saying that once chargesheet is filed FIR will be treated as infructuous, we need to pray only quashing of chargesheet  no need to pray quashing of FIR. is it true ? Kindly need your advice on this issue.



Learning

 2 Replies

Pradipta Nath (Advocate)     09 December 2020

The Supreme Court in the recent case of Anand Kumar Mohatta and Anr v State (Government of NCT of Delhi) (Criminal Appeal No 1395 of 2018) decided on 15 November 2018 has held that there is no bar to the maintainability of a quashing petition under section 482 of Criminal Procedure Code, 1973 (CRPC) even where the chargesheet has been filed.

P. Venu (Advocate)     11 December 2020

What is the ground on which the charges are sought to be quashed? Is the petition already filed? Which court is pending? What is the present stage?


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