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.