Quashing of fir

Wait until investigation is complete and charge sheet is submitted in court , once the charge sheet is submitted and you received the copies you can proceed 

Purpose of Section 482

1. Preventing Abuse of Process and Securing the Ends of Justice: The High Courts have the power to intervene and prevent cases or complaints that are filed with mala-fide intentions or with the sole purpose of harassing someone. Further, the High Courts can also ensure that justice is not denied or delayed due to procedural issues.[5]
2. Quashing Criminal Proceedings and Protection of Innocent Persons: The High Court can use its inherent powers under this section to quash criminal proceedings, including Complaints and First Information Reports and protect innocent persons who may be wrongly implicated in criminal cases in case there is no evidence to support the charges against an individual.[6]
3. Setting Aside Illegal Orders: The inherent powers under Section 482 can also be used to set aside illegal orders passed by a court or a tribunal. The High Court may exercise these powers to set aside orders that are not sustainable in law, or orders that have been passed without jurisdiction or in violation of the principles of natural justice.[7]

The power of High Courts under Section 482 is discretionary, therefore, the high courts may refuse to exercise the discretion on a case-to-case basis.[8]

Quashing of FIR: Guidelines set out by the Hon’ble Supreme Court of India

In the landmark case of State of Haryana and Ors. vs Bhajan Lal and Ors.,[9] the Hon’ble Supreme Court laid down the categories of cases where the inherent powers under Section 482 could be exercised for quashing of an FIR-

1. When the allegations in the FIR or complaint, even if accepted at face value, do not constitute any offense, or make a case against the accused.
2. When the allegations in the FIR and accompanying materials do not disclose a cognizable offense that justifies investigation by the police under Section 156(1) of the Criminal Procedure Code (CrPC) without an order from a Magistrate under Section 155(2) of the CrPC.
3. When the allegations in the FIR and supporting evidence do not reveal the commission of any offense or make a case against the accused.
4. When the allegations in the FIR do not constitute a cognizable offense but only a non-cognizable offense, in which case no investigation by a police officer is permitted without a Magistrate’s order under Section 155(2) of the CrPC.
5. When the allegations in the FIR or complaint are so absurd and inherently improbable that no reasonable person could conclude that there are sufficient grounds to proceed against the accused.
6. When there is a specific legal provision in the CrPC or the relevant Act that bars the institution or continuation of criminal proceedings, or when there is an alternative legal remedy available to address the aggrieved party’s grievance.
7. When a criminal proceeding is clearly motivated by malice or ulterior motives, such as personal grudges, rather than a genuine pursuit of justice.

In a more recent case in the year of 2017, the Hon’ble Supreme Court referring to the Bhajan Lal Judgement laid down the guidelines to be followed by the High Courts under Section 482 which are summarised as follows[10]–

1. Section 482 of the Code of Criminal Procedure does not grant new powers to the High Court but rather preserves its inherent powers to prevent abuse of court processes and ensure justice.
2. Section 482 can be used to quash even non-compoundable offences.
3. It is the duty of the High Court evaluate whether quashing a criminal proceeding serves the interests of justice.
4. The inherent power of the High Court must be exercised:
   • To secure the ends of justice.
   • To prevent abuse of the process of any court.
5. No principles can be formulated on whether a complaint or FIR should be quashed based on settlement of the dispute as it depends on the facts and circumstances of each case.
6. Serious offences like murder, rape, and dacoity cannot be quashed, even if the victim and offender have settled, due to their impact on society.

Quashing of FIR should be filed after careful consideration and preparation. Here's a suggested approach: Immediate Steps (Within 1-2 weeks)

1. *Seek Anticipatory Bail (AB)*: If you anticipate arrest, file an AB petition to protect yourself. 

2. *Gather Evidence*: Collect documents, records, and witness statements to support your case. 

3. *Consult a Lawyer*: Engage a experienced criminal lawyer to guide you. Filing Quashing Petition (After 1-2 months)

1. *Wait for Investigation*: Allow the police to conduct a preliminary investigation. 

2. *Analyze Charge Sheet*: If a charge sheet is filed, review it to identify weaknesses and strengths. 

3. *Prepare Quashing Petition*: File a well-drafted quashing petition, highlighting: Grounds for Quashing 

1. *False and Fabricated Allegations*: Provide evidence to demonstrate the FIR is false and malicious.

 2. *Lack of Evidence*: Show that the investigation has not yielded any credible evidence.

3. *Abuse of Process*: Argue that the FIR is an abuse of the legal process. High Court or Supreme Court File the quashing petition in the High Court or Supreme Court, depending on the jurisdiction.

 Pro Tips 1. *Be Patient*: Quashing an FIR can take time.

2. *Cooperate with Investigation*:

3. *Maintain Records*: Keep detailed records.

You may wait until the police is completing the investigation and files charge sheet before court so that it will be useful for you to know what exactly is the complaint and what has been found in the investigation.

Hence it is advisable to quash the charge sheet instead of FIR

Thank you esteemed advocates. However, someone suggested to FIR quashing as soon as possible since during investigation, there are chances of harrassment by police an they may harrass u even if u have secured AB and also u can ask for stay in investigation by filing early. 

Don't get misguided by such recommendations, the police will certainly ask you to be present for the purpose of investigation, however that is not continuous, they cannot trouble you once you have already obtained AB. 

You may decide based on several opinions received 

Such quashing is possible only in exceptional cases.