LEGALITIES IN THE QUASHING OF F.I.R

INTRODUCTION 

Quashing of FIR is a legal process in which a criminal case is terminated or dismissed by the court before it goes to trial. It is essential to understand the legalities involved in the quashing of an FIR to ensure that the case is handled correctly, and justice is served. It can be done under various circumstances, such as when there is no prima facie evidence against the accused, or when the case is based on a false complaint. The grounds for quashing an FIR are limited, and the court will only quash the case if it is convinced that the case falls within the purview of the grounds for quashing. The filing of a First Information Report (FIR) is the first step in initiating criminal proceedings against an accused person. It is a written complaint made to the police, which sets out the details of the offence committed and the persons responsible for it. In some cases, however, the FIR may be filed maliciously or without any basis, leading to harassment of the accused. In such situations, the accused person has the option to approach the court for quashing of FIR.

OBJECTIVE

• Protecting the rights of the accused: The main objective of quashing an FIR is to protect the rights of the accused. This includes ensuring that the accused is not unfairly harassed or prosecuted for a crime they did not commit.

• Ensuring fairness and impartiality: Quashing an FIR helps to ensure that the legal process is fair and impartial. This means that the accused is given a fair chance to defend themselves and that the case is judged solely on its merits.

• Preventing abuse of process: Quashing an FIR also helps to prevent the abuse of the legal process. This means that cases that are brought without any evidence or with the intention of harassing or defaming the accused are not allowed to proceed.

• Maintaining the integrity of the legal system: The legal system must maintain its integrity to ensure that justice is served. Quashing an FIR helps to ensure that the legal system remains credible and reliable.

• Promoting public confidence: When the legal system functions smoothly, it promotes public confidence in the system. This helps to ensure that people have faith in the legal system and are willing to participate in the process.

INTERPRETATION 

The procedure of quashing an FIR is governed by Section 482 of the Code of Criminal Procedure (CrPC), 1973. This section provides the inherent powers of the High Court to quash an FIR in certain circumstances. The section states that "nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice".

The inherent powers of the High Court to quash an FIR are discretionary and should be exercised sparingly. The High Court should not interfere with the investigation or trial of a criminal case unless there are compelling reasons to do so. The High Court may quash an FIR in the following circumstances:

• When the FIR is filed with mala fide intention or for settling personal scores, or when it is an abuse of the process of law.

• When the allegations made in the FIR do not disclose any offence.

• When the FIR is filed on the basis of hearsay evidence or without any evidence.

• When the FIR is filed against a person who is not connected with the commission of the offence.

• When the FIR is filed after the expiry of the limitation period for filing an FIR.

The High Court may either allow or dismiss the petition for quashing the FIR based on the merits of the case. If the High Court allows the petition, it may quash the FIR and all subsequent proceedings related to the FIR. If the High Court dismisses the petition, the investigation or trial of the criminal case will continue.

AFFIXED PARTICULARS  

In addition to Section 482 CrPC, there are other provisions under which FIRs can be quashed. For instance, Section 320 of the CrPC provides for compounding of offences, which means that the parties involved in a criminal case can reach a settlement and the case can be withdrawn. If the parties involved reach a settlement, the FIR can be quashed by the court.

Further, the Supreme Court has held in various cases that if the FIR discloses that no offence is made out against the accused, then the High Court can quash the FIR. Similarly, if the FIR is filed as a counter-blast to a complaint filed by the accused, the High Court can quash the FIR.

CASE LAWS

The legal principles governing the quashing of FIRs in India are laid down by the Supreme Court in a number of landmark judgments, including:

1. State of Haryana v. Bhajan Lal (1992): In this case, the Supreme Court laid down a broad framework for quashing FIRs on the basis of abuse of the legal process. The court identified several factors that could be taken into account when deciding whether to quash an FIR, including whether the complaint was false or malicious, whether it was filed with an ulterior motive, and whether it was likely to result in the abuse of the legal process.

2. Madhavrao Jiwaji Rao Scindia v. Sambhajirao Chandrojirao Angre (1988): In this case, the Supreme Court held that an FIR could be quashed if the allegations made in the FIR did not disclose a cognizable offense. The court also held that the power to quash an FIR should be used sparingly and only in cases where it is clearly warranted.

3. B.S. Joshi v. State of Haryana (2003): In this case, the Supreme Court held that an FIR could be quashed if the parties involved in the dispute had reached a settlement and there was no likelihood of the dispute being revived. The court also held that the power to quash an FIR should be exercised to prevent the abuse of the legal process and to secure the ends of justice.

In cases where an FIR is clearly frivolous or malicious, the accused person has every right to seek its quashing. Such cases may include situations where the FIR has been filed with an ulterior motive, such as to harass or intimidate the accused person, or to settle personal scores. In such cases, the court should take a serious view of the matter and quash the FIR to prevent further harassment of the accused.

"The power to quash a criminal proceeding, particularly FIR, is an extraordinary power vested in the High Court under Section 482 of the Code of Criminal Procedure, 1973. Such power should be exercised sparingly and only in cases where the Court is convinced that allowing the proceedings to continue would amount to abuse of process of law or lead to miscarriage of justice."

This quote highlights that the High Court has the power to quash a criminal proceeding, including an FIR, under certain circumstances. However, this power should be used judiciously and only when it is necessary to prevent an abuse of the legal process or a miscarriage of justice.

CONCLUSION  

From my personal standpoint, the quashing of an FIR is a legal remedy that should be used judiciously, and only in cases where the FIR is clearly baseless, false, or malicious. While the right to seek quashing of an FIR is a fundamental right of the accused person, it is important to ensure that this right is not misused to shield genuine offenders from legal consequences. It is an important safeguard against the misuse of the criminal justice system. It ensures that innocent persons are not harassed by baseless complaints and that the justice system is not burdened with frivolous cases. However, the power of the High Court to quash FIRs should be exercised judiciously and with caution, keeping in mind the interests of justice and the need to punish the guilty.

~Aastha Gautam

REFERENCES 
•https://corpbiz.io/learning/quashing-of-fir-under-section-482-of-crpc/ 
•https://blog.ipleaders.in/quash-the-fir/ 
•https://www.legalserviceindia.com/legal/article-187-quashing-of-fir-criminalproceedings-under-section-482-of-crpc.html 
•https://www.legalserviceindia.com/legal/article-187-quashing-of-fir-criminalproceedings-under-section-482-of-crpc.html