facts about quashing of fir

FIR quashing can be filed by the accused persons based on the merits of his case but one should bear in mind that prima facie they have to show a case in their favour on the basis of the charge sheet. If the charge sheet as filed by the police is in contradiction of any law, then also quashing of FIR can be done.

Supreme Court has dealt the matter of quashing of FIR at length in various cases

In Prashant Bharti vs State of NCT of Delhi (2013) 9 SCC 293, Supreme Court has enumerated the following important points for consideration of the court for FIR quashing under Section 482 of the CrPC

1. Whether the material relied upon by the accused is sound, reasonable and indubitable, ie, the material is of sterling and impeccable quality.

2. Whether the material relied upon by the accused is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false.

3. Whether the material relied upon by the accused, has not been refuted by the prosecution/ complainant, and/or the material is such, that it cannot be justifiably refuted by the prosecution/complainant.

4. Whether proceeding with the trial would result in an abuse of process of the court and hence, would not serve the ends of justice.

Court has finally held that if the answer to all these questions is in affirmative, then the FIR quashing could be done by the High Court.

In, another important case which can be referred in this regard is  Narinder Singh vs State of Punjab (2014) 6 SCC 466 which established the following broad and specific parameters

1. FIR quashing can be done to prevent abuse of the process of the court.

2. To secure the ends of justice FIR quashing can be done by High Court.

3. Rules governing the petitions which pray for quashing of criminal proceedings

In, Parbatbhai Ahir vs the State of Gujarat (4 Oct 2017), SC dealt in a comprehensive manner, the various important issues related to the FIR quashing which are listed as,

1. Section 482 preserves the inherent powers of the High Court to prevent abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognizes and preserves powers which inhere in the High Court.

2. The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.

3. Informing an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power.

4. while the inherent power of the High Court has a wide ambit and plenitude it has to be exercised;

a. To secure the ends of justice.

b. To prevent abuse of the process of any court.

5. The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated.

6. In the exercise of the power under section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offense.

Heinous and serious offences involving mental depravity or offences such as murder, rape, and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact on society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offenses.

7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned.

8. Criminal cases involving offences which arise from a commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavor may in appropriate situations fall for quashing where parties have settled the dispute.

In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice and, 
There is yet an exception to the principle set out in propositions (8) and above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. 

The High Court would be justified in declining to quash where the offender is involved in an activity akin to financial or economic fraud or misdemeanor. The consequences of the act complained of upon the financial or economic system will weigh in the balance.

The most comprehensive law on the point of FIR quashing was laid down by the Supreme Court in the cases of Madhu Limaye and Ch. Bhajan Lal which laid down various conditions under which FIR quashing can be done by the High Court subsequently. FIR quashing depends upon the facts and circumstances of each case and the High Court while exercising its powers under Section 482 of CrPC has the greater responsibility of considering the facts and then proceed for FIR quashing keeping in the mind the interest of justice.

FIR quashing is the sole powers of High Court hence for FIR quashing a petition is to be filed before the High Court by engaging a good criminal lawyer for High Court who can understand all the issues arising and take necessary steps for its protection.