The law aims to safeguard the safety and security of both the people and the state, as well as the interests of the general public. However, at times, individuals with malicious intent misuse the law to harass, seek revenge, or level false charges. False and fabricated complaints are made against individuals to tarnish their reputation, cause harassment, or exact vengeance. Such situations often lead to the lodging of false FIRs based on unfounded allegations. This is why the Indian legal system incorporates the remedy of quashing FIRs. False FIRs can be lodge against individuals or companies or their directors, promoters etc. and the same FIR can be quashed in India.
Who has the power of quashing FIR in India?
The Hon’ble High Court has the power to quash the FIR. If the Hon’ble High Court believes that the FIR has been falsely lodged with malicious intent to harm the reputation of an individual and to trouble the aggrieved party, then the Hon’ble High Court can quash the FIR.
Under which section FIR can be quashed?
There are two conditions for filing Quashing of FIR:
· Before Chargesheet:-
Petition for quashing of FIR shall be filed under Article 226 Constitution of India when the matter is pending in the police station
· After Chargesheet:-
Petition for quashing of FIR will be filed under section 482 Cr.P.C. when the Charge sheet is not filed in magistrate Court.
Grounds for quashing of FIR in India:
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If the allegation made in FIR or Complaint does not disclose the commission of an offence.
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Where the uncontroverted allegations made in the FIR or ‘complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;
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Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;
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Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence.
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Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated u/s 155(2) of the Cr.P.C.
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If the FIR does not disclose any act or participation of the accused in the crime.[1]
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Where the allegations made in the FIR or complaint are so absurd and inherently improbable based on which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;[2]
What are the ways of quashing FIR in India?
There are many ways to quash FIR which are as follows:
1. Quashing of FIR after chargesheet filed:
The police will investigate the lodged FIR after that they will file a chargesheet with no material evidence being presented, nothing incriminating found and the chargesheet do not disclose any commission of an offence, then the aggrieved person can appeal to the Hon’ble High Court under article 226 of the constitution of India read with section 482 of criminal procedural code.
2. Quashing of FIR based on a compromise:
FIR can be quashed based on a compromise between the parties, when the complainant and accused entered into a compromise, then they can file a joint petition of quashing of FIR in the High Court u/s 482 of Cr.P.C. Thereafter scrutiny of the facts and circumstances and gravity of the offence, if the Hon’ble High Court satisfied with the terms and conditions between the parties regarding compromise, then the High court can quash the FIR, but on the other hand, the Hon’ble High Court if not satisfied then it can refuse to quash the FIR based on compromise.
3. Quashing of FIR in Matrimonial cases:
Nowadays, some cases involve women lodging false and fabricated cases of domestic violence and cruelty under Section 498A of IPC against their husbands and relatives. Following a lengthy trial, they resolve the dispute amongst themselves and submit a mutual consent divorce petition, outlining all the terms and conditions of the settlement. Based on this mutual agreement, the FIR of cruelty against the husband and his relatives can be quashed.
IMPORTANT JUDGEMENTS
Madhya Pradesh Vs. Laxmi Narayan & Ors
The apex court held that under Section 482, the Court could quash criminal proceedings for the non-compoundable offences having predominantly “civil character.”[3]
KAMLESH @ RINKU MOHANLAL UPADHYAY V. STATE OF GUJARAT
In a leading case it was held that in light of the settled principle of law, it appears that the criminal proceedings involving nonheinous offences or where the offences are predominantly of a private nature, can be annulled irrespective of the fact that trial has already been concluded or appeal stands dismissed against conviction,”[4]
Arnab Ranjan Goswami vs Union Of India
The Supreme Court in Arnab Ranjan Goswami vs Union Of India (2020) 14 SCC 12 had also made similar observations. It observed as follows: ‘Whether the allegations contained in the FIR constitute an offence as alleged will not fall under the jurisdiction of this Court under Article 32 for quashing the FIR. The petitioner must resort to pursuing the remedies available under the CrPC, which we hereby endorse. The petitioner has an equally efficacious remedy available before the High Court. We should not be construed as holding that a petition under Article 32 is not maintainable. But when the High Court has the power under Section 482, there is no reason to by-pass the procedure under the CrPC, we see no exceptional grounds or reasons to entertain this petition under Article 32. There is a clear distinction between the maintainability of a petition and whether it should be entertained.”[5]
Neelam Devi and another v State of Punjab and another
The Punjab and Haryana High Court held that the family of the deceased is not the only ones aggrieved because the offense is broadly committed against the deceased himself. Court also refused to quash the FIR by stating that there can be no compromise with the deceased.[6]
Sy. Azhar Sy. Kalandar vs. State of Maharashtra 2021
The Supreme Court reduced the sentence awarded to a man accused of attempt to murder taking note of the amicable settlement between the accused and the victim and noted that in earlier judgments, the court has taken note of the compromise between the parties to reduce the sentence of the convicts even in serious non-compoundable offences.[7]
Mukhtiyaar Ali & Ors. v. The State NCT Delhi & Ors
The Delhi High Court, in offence of 307/34, directed a young accused of 21 years to do one-month community service at Gurudwara Bagala Sahib while quashing the FIR against him on the ground of a compromise being entered between the parties.[8]
CONCLUSION
In conclusion, quashing FIRs is a legal remedy designed to rectify situations where individuals file false and malicious cases to harass, seek revenge, or tarnish reputations. The authority to quash FIRs rests with the Hon’ble High Court, under Article 226 of the Constitution of India before chargesheet filing, and under Section 482 of the Cr.P.C. after the chargesheet is filed. Overall, the quashing of FIRs serves as a crucial mechanism to ensure justice, protect the innocent, and prevent the misuse of legal processes for vindictive purposes.
[1] Ramesh Chandra Gupta vs State of U P | 2022
[2] State of Haryana and Others v. Bhajan Lal and Others
[3] Madhya Pradesh Vs. Laxmi Narayan & Ors 2019 5 SCC 688
[4] KAMLESH @ RINKU MOHANLAL UPADHYAY V. STATE OF GUJARAT 2022
[5] Arnab Ranjan Goswami vs Union Of India (2020)
[6] Neelam Devi and another v State of Punjab and another
[7] Sy. Azhar Sy. Kalandar vs. State of Maharashtra 2021
[8] Mukhtiyaar Ali & Ors. v. The State NCT Delhi & Ors