The term “Quashing” literally means “to put an end” or “to make it completely void.” Quashing of FIR is laid down under section 482 of Cr. pc, 1973. This provides inherent power to the High Court to revoke the proceedings an FIR before filing of the charge-sheet. But, in a few cases, it has been seen that quashing of FIR is tried/done even after filing of the charge-sheet. Further, its sole discretion of the hon’ble High Court or the Supreme court of India to quash the FIR in any criminal trial-proceeding only after seeing the gravity of the offence.
Section 482 of Cr. Pc says “Saving of inherent powers of High Court. 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”
Quashing of F.I.R takes place in criminal cases only, which means all the trials under any subordinate court come to a standstill. Although, the apex court however, doesn’t encourage this revocation of proceeding.
Other than criminal proceedings, quashing can also be effected in matrimonial cases where an F.I.R has been registered by the Police on a private and personal complaint.
Inherent powers of High Court:
The Code of Criminal Procedure has provision under Section 482 of Cr.pc regarding the inherent power of the High Court;
- Section 482 of the said code specifies that a High Court has got the power to act in any manner in order to meet the end of justice.
- Under this section, a High Court can quash the F.I.R, if it thinks that the FIR which has been wrongly lodged against someone and the same is false and that it was done with the sole motive to defame and trouble the targetted person.
- If any person has been falsely implicated in any case and is an accused of a non-compoundable offence, then he can approach the jurisdictional High Court and file a Writ Petition under Article 226 of the Constitution of India, read with Section 482 of Cr.PC.
- The burden of proof is upon the petitioner to prove that the FIR has been lodged only for malicious reasons and to harass the petitioner.
Grounds on which FIR can be quashed:
- If the person against whom FIR has been registered, is proved to be innocent & found to have been falsely implicated in a criminal case, then the court in such matter can quash the FIR and direct the state police to set the aggrieved person free, if arrested.
- If the FIR is lodged with a malfide intent and ulterior motives to seek vengeance, then the High Court or the apex court has the power to quash the same FIR.
- The High Court may in a matter where FIR is registered but, the evidence submitted in support of the FIR doesn’t prove the guilt of an accused, quash the same.
- FIR can also be quashed where there is no clarity of offence committed, or where there is lack of proper proof or evidence to prove the allegations as in the F.I.R. Such allegations can also be quashed by a competent court of law, i.e. the High Court or the Supreme Court.
- In cases, where the cognizance of the offence has not been proved after getting it investigated by an officer-in-charge, the court shall in such a matter has the power to quash the F.I.R.
- Whereupon, in such a matter where the complaint registered in the FIR and the evidence brought through the investigation doesn’t match with the alleged offence as reported, and also if no any charges stand against the accused, then the reported FIR shall be quashed U/s 482 of Cr. Pc.
- There are certain cases where FIR has been reported with absurd complaint and no such conclusions can be drawn out, then under such circumstances, such FIR can be quashed only by following proper procedures.
The Indian Panel Code has specified two types of offences which are classified as compoundable & non-compoundable offences;
Cases which can be settled amicably by providing compensation to the victim for the loss he suffered, is known as compoundable offences
On the contrary, offences where the loss suffered is irreparable and which cannot be settled out of court is known as non-compoundable offences.
Thus, in view of the above exposition, it is mandatory for the High Court while exercising its power under section 482 of Cr.Pc to take the matter into consideration and to look into the nature and gravity of the offence.