Quashing of FIR after charge sheet
The
High Court under the exercise of its powers under section 482 CrPC can very
well go for quashing even after the filing of the charge sheet by the
prosecution. Either the parties can reach a compromise in the matter or the
accused can appraise the court that there is no material against him even after
the investigation of the matter.
The
accused can also take the pleas of inherent improbability on the basis of the
entire facts and the material collected against him in the charge sheet. The
High Court can order for FIR quashing on the basis of the same as the
provisions of section 482 CrPC are wide enough and empower the High Court very
wide powers of quashing of FIR.
Quashing in economic offenses
Quashing of FIR is very often resorted to in economic offences when the financial dispute is
settled and the parties come to terms. If very serious sections other than the
economic offence are not involved, then the parties often enter into a deed of
compromise and go for the quashing on the basis of compromise.
The
High Court while exercising its powers under section 482 CrPC deed of compromise
and go for the quashing on the basis of compromise. The High Court while
exercising its powers under Section 482 CrPC can thus exercise its powers and
order for quashing on the basis of settlement keeping in view the entire facts
and circumstances.
On the basis of compromise
The
FIR quashing by the High Court can be done at any stage of the case on the
basis of compromise. Both parties, the complainant or the informant and the
accused can enter into a compromise and on the basis of compromise and then
file a joint petition under section 482 CrPC for FIR quashing.
The court can, however, scrutinize all the aspects of the matter and order for the quashing. In case the court is not satisfied with the facts and the compromise, the High Court can refuse the quashing on the basis of compromise. If the FIR is compoundable, the court may again refuse for FIR Quashing as there is an alternate remedy and the parties can approach the trial court.
The court can, however, scrutinize all the aspects of the matter and order for the quashing. In case the court is not satisfied with the facts and the compromise, the High Court can refuse the quashing on the basis of compromise. If the FIR is compoundable, the court may again refuse for FIR Quashing as there is an alternate remedy and the parties can approach the trial court.
Quashing in matrimonial cases compromise
The
High Court in the exercise of its powers under Section 482 CrPC is liberal in quashing
of FIR arising out of matrimonial disputes which are mainly FIRs under Section
498 A and 406 IPC. The parties of the matrimonial dispute enter into a mutual
settlement either before any of the courts where the proceedings are going on
or independently. They generally reduce it in writing and prepare a settlement
of mutual compromise deed spelling all terms and conditions. Most of the courts
accept the same and order for quashing of FIR on the basis of compromise.
The
parties are however required to appear before the High Court for their
identification and their statement is also recorded in the court. In most of
the cases, if the parties are going for mutual divorce, they are required to
come to the court after their divorce proceedings are over. In
exceptional cases, courts order for FIR quashing even before the mutual divorce
is over. There is no hard and fast rule for the same and the High Court in the
exercise of its powers under Section 482 CrPC often try to be very open in such
matters as they are matrimonial matters.
