Know the Reasons Where FIR's Can be Quashed in the High Court

Know the Reasons Where FIR's Can be Quashed in the High Court

What is FIR? and why does it get Quashed?

An FIR (First Information Report) is a formal document prepared by the police when they receive a complaint about the commission of an identifiable offense. It is the first thing in initiating the criminal justice process and serves as the basement for police investigation and there are some best quashing of Fir lawyers in chennai. The FIR includes:

Details of the person who complained and the accused.
The nature of the offense.
Date, time, and place of the incident.
A brief detail about the incident.

Purpose of an FIR:

It informs the police about an identifiable offense.
It sets the investigation process for the next actions.
It acts as evidence in legal proceedings.

Why does it get Quashed?

An FIR gets filed under Section 3 of the CrPC (Code of Criminal Procedure) and to prevent abuse of the legal way and in the interest of justice; the High Court under section 482 of the CrPC can quash the FIR as well. This will happen when the FIR is false or baseless, made with a view to injure the person against whom it is made, relates to a compromise between the parties in compoundable offenses or where there are jurisdictional errors.

Also, First Information Report may be quashed for the violation of the constitutional provisions of the accused, for example, the freedom from unlawful prohibition under the provision of Article 21 of the Constitution. The quashing of an FIR impacts the High Court exercising its authority carefully to make sure that individuals are safeguarded from the wrong or unfair allegations. Eventually, the court interfered to prevent misuse of the legal system.

Reasons Where FIR's Can be Quashed

1. Lack of Prima Facie Case

If the allegations in the FIR do not provide a clear, perfect reason for an identifiable offense, the FIR can be quashed. A prima facie case refers to a situation where, even though if the allegations were true, no offense or crime would have happened.

Example: If the FIR does not contain sufficient facts or evidence to prove that a criminal act has happened, that the criminal is proven guilty the High Court may find that the case has no merit or worth.

2. False or Malicious FIR

An FIR filed with the intention of falsely accusing someone, harassing them, or with personal revenge can be quashed easily. Suppose, If it is evident that the FIR was lodged (planted) with malicious intentions such as to settle personal issues or for revenge it may be set aside by the court.

Example: An individual files an FIR out of jealousy or hatred, without any actual reasons, in an attempt to damage the reputation of another person.

3. Settlement Between Parties (Compoundable Offenses)

For certain offenses classified as compoundable offenses, where both parties can settle the matter out of court, the High Court may quash the FIR if the parties have reached an amicable resolution which means (solutions reached without arguing or explaining). Compoundable offenses commonly include family disputes, minor theft, and certain types of cheating or defamation.

Example: In a matrimonial dispute which means (It is a legal term for a disagreement between a married couple and it may cause reasons like physical abuse, marital dissatisfaction, habitual drinking, etc.,) if both the husband and wife agree for the reconciliation, then the FIR can be quashed.

4. Jurisdictional Errors

If the offense alleged in the FIR falls when a legal authority, such as the police officer or a lower court, acts over or misuse its authorized power or fails to follow the proper legal procedure, then the FIR can be quashed. If the court finds out that the police officer who registered it lacked the authority then the FIR will be quashed.

Example: An FIR is filed in a police station in one district when the offense occurred in another, outside the reach of that particular police station's jurisdiction.

5. Barred by Law

If the offense mentioned in the FIR is barred by law, meaning it is beyond the given time limit for prosecution (as per the Limitation Act), the FIR can be quashed. There are specific time limits within which legal actions need to be initiated by the law, and if the case exceeds the time limit, it cannot proceed anymore or further.

Example: If Person A makes a defamatory (It is a statement that harms a person, business, reputation) case against Person B. According to the law, Person B must file a complaint within 3 years after that, It may get dismissed.

6. No Evidence or Fabricated Evidence

If the evidence presented in the FIR is either not even had happened or found to be fabricated (The act of inventing false information) or manipulated, the High Court can quash the FIR. It is crucial that the police investigate the matter thoroughly and gather real evidence based on the allegations made to them.

Example: If the witness statements are found to be unreal or falsely made, and no related proof can support the crime, the FIR will be dismissed by the High Court.

7. Abuse of Process of Law

An FIR filed with the intent to misuse the legal process for example, to harass, intimidate, or force a settlement by these cases can be quashed by the High Court. The legal system is not intended for the usage of personal vengeance or revenge.

Example: Ravi and Arjun are neighbours who had a dispute about the boundary of their properties but instead of resolving the issue ravi filed FIR as arjun trespassed (passing the boundary) and theft in order to harass arjun, put pressure on him and drag arjun into legal trouble.

8. Civil Nature of Dispute

If the dispute described in the FIR is of a civil nature such as a contractual or property dispute that has been wrongly filed as a criminal case (if happened as an accident), the High Court can quash the FIR. Criminal law is not meant to resolve civil matters or disputes.

Example: A dispute over a breach of contract is mistakenly filed as a criminal case, when in reality, it is a matter for civil court.

9. Non-Cognizable Offenses Without Magistrate’s Permission

Non-identifiable offenses are those that do not require immediate police action. If an FIR is filed for a non-cognizable offense without obtaining prior permission from a Magistrate, it can be quashed. In such cases, the police cannot initiate an investigation without a Magistrate's order.

Example: If the dispute is civil then the case should be resolved by civil court. Filing a criminal FIR for a civil matter is considered as a misuse of the law, and such FIR's will be quashed.

10. Violation of Fundamental Rights

If the FIR is found to be a violation of the fundamental rights of the accused, particularly the right to life and personal liberty or freedom under Article 21 of the Constitution, the High Court can quash it. This can happen when an FIR is filed in a manner that violates the basic rights which were given to individuals.

Example: If an FIR is used to harass someone and violate their freedom of movement or privacy, it will also be quashed by the court.

Can FIR be filed without evidence?

Yes, an FIR can be filed without solid evidence. The purpose of an FIR is to report an incident and to initiate an investigation, not just to establish evidence of the crime. The person who gives a complaint may file an FIR based on their belief or knowledge of the incident, and the police are then responsible for investigating and collecting evidence during their inquiry.

Once an FIR is filed, the police will investigate the matter and gather evidence to determine or judge whether a crime has occurred or not. If no evidence is found or if the allegations are proven to be false, the case can be closed, or the FIR may be quashed by the court. In such cases, the lack of evidence does not necessarily prevent the filing of an FIR, but it can affect the outcome or final results.

However, if an FIR is filed maliciously or without basis or solid reason, the person who complained may face legal consequences for filing a false report. While the FIR itself can be lodged without evidence, the strength of the case will depend on the investigation and the evidence gathered. In order to know more information consult the legal consultancy.

What to do after FIR is Quashed?

After an FIR is quashed by the High Court, it can bring relief to the accused by ending the legal proceedings or procedures. However, there are important steps that should be taken to make sure that the case’s outcome or result is properly recorded and any further implications are addressed.

Obtain a Certified Copy: Get the certified copy of the High Court's order as proof of the FIR’s quashing.

Inform the Police: Submit the order to the police station to update their records and stop further investigation.

Consider Legal Actions: If the FIR causes repeated harm, consult a lawyer about potential defamation (act of damaging the good reputation by false statement) claims.

Seek Legal Counsel: Discuss with your lawyer about any further legal actions or defenses you might need.

Apply for Redress: If the FIR was maliciously filed, explore options for seeking compensation or justice.

Clear Your Name: If necessary, take steps to publicly clear your name or inform relevant parties.

Monitor Developments: Stay aware of any new legal actions related to this case.

These are the processes after quashing an FIR.

Conclusion

Quashing an FIR provides relief to the accused by stopping legal proceedings and preventing the misuse of the judicial process. Do you know which section of the high court is quashing? Section 482 of the CrPC. The High Court may quash an FIR when it lacks merit, is filed maliciously, or contains procedural errors, ensuring fairness in the legal system. If you want to know further you may seek legal advice in chennai.

After an FIR is quashed, it’s essential to obtain a certified copy of the court's order, inform the police, and seek legal advice if needed. These steps ensure that the quashing is properly documented and that any further legal actions are addressed.

The High Court's cautious approach to quashing FIRs protects the accused and ensures the integrity of the legal system. Understanding these steps helps individuals navigate the process with confidence and secure justice.

Reference

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