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Raj Kumar (Proprietor)     16 July 2014

Quashing of fir u/s 467, 468, 471, 120b

In the instant case an FIR was registered against 7 accused persons u/s 420, 467,468,471,120B and 34 IPC. Chargesheet has been filed a year ago but charges have not been framed yet. 5 accused persons availed interim bail on the basis of settlement with complainant and 2 availed interim bail as complainant didn't opposed their bail. In the settlement agreement of 5 accused persons there is a clause of quashing of FIR upon recovery of complete amount of complainant. 

Now the complainant has recovered his all the dues together with compensation from 5 accused. These 5 persons are in the process of approaching the court for quashing of FIR but are leaving other 2 accused out. My query is can a FIR be quashed in parts ? or what is the remedy for these 2 accused in the present case. 



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     16 July 2014

Dear, 

Not going by any judgement or authority, i believe that the same can be quashed, because since the facts mentioned above reveal that the complainants are fully paid their respective amounts. Since, the court has full discretion to pass an order in the interest of justice, it can be allowed.

 

Regards

Advocate Kapil Chandna

9899011450 

mahesh basu (none)     21 July 2014

In Punjab & Haryana high court, Chandigarh there are many judgements delivered which didn't allow partial quashing qua some accused. 

 

If your case is in chandigarh high court you can cite those judgements.

 

And to be clear here, there is no law which says partial quashing is allowed / not allowed so it depends on the facts of the case.


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