What is FIR in Law, How FIR Can be Quashed in Law, the First Information Report (FIR) is a written document prepared by the police officer when they receive any information about the commission of a cognizable offence. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf.
FIR can be quashed by High Court in accordance with Section 482 CrPC. You have to file an application to quash the FIR. You have to give the grounds on which FIR should be quashed. The concerned High Court can be moved if and only if the FIR does not establish a prima facie case against the accused.
At What Stage FIR can be Quashed
The criminal proceedings can be quashed at any stage once an FIR has been filed, but before the charge-sheet-filing stage. However, if circumstances necessitate, even then the court can use its discretionary powers under Section 482 CrPC.
What Grounds FIR Can be Quashed
Here are some of the conditions under which an FIR can be quashed: 1. Where the allegations made in the first information report (FIR) 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.
What Happens After FIR is Quashed
Proceedings can be revoked even after the charge sheet has been filed but that is usually discouraged by the Supreme Court. Code of Criminal Procedure (hereinafter referred to as Code/CrPC), 1973 has laid out the provisions for quashing of criminal proceedings.
Can a Charge Sheet be Quashed
The Supreme Court held that while exercising the power under section 482 of the CRPC, the court can quash the FIR even if the charge sheet has been filed, as the power under Section 482 CrPC is to be exercised to prevent the abuse of process and miscarriage of justice.
What is the Punishment For False FIR
Ali says, “Influential people implicate their opponents in false FIRs to harass them through police and do not fear any punishment because making false accusations in an FIR is a non-cognizable crime.” Section 182 PPC Pakistan Penal Code prescribes a maximum penalty of six months in prison or fine or both.
Who Can File Quash Petition
A lawyer may file a motion to quash if a mistake has been on the part of a court, or if an attorney believes that the issuance of some court document like a subpoena was not done in a legal manner. For example, a party that receives improper service of process may file a motion to quash.
What is Quashing Petition
The quash petition is the petition to quash the proceedings against any person when the sufficient means of evidence is produced before the Honorable court. All the persons/Authority/Court are supposed to be follow these proceedings.
Time Limit For FIR
There is no time limit for filing the FIR. But it is expected that FIR should be filed without any undue delay. If an FIR is filed after some delay, the complainant must be in a position to explain the delay in a plausible or acceptable manner.
Can Session Court Quash FIR
The FIR or the First Information Report which has been lodged by the police after the complainant made a complaint can be quashed or can be made void if it is lodged illegally. An FIR can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated.
Which Court Can Quash FIR
High Court: An FIR can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated. A High Court can quash the FIR on the ground that the case is a false case and will ask the police to set the aggrieved person free if he has been arrested.
Quashing of FIR Under Section 482 CrPC
Section 482 o CrPC 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.”
Procedure of Quashing FIR in Law
An FIR can be quashed in High court under Section 482 CrPC Usually the grounds for quashing the fir are as follows:
- Charge sheet is not produced even after 1–2 years of the fir being registered
- There is clear proof that the FIR was registered as a counter fir, meaning that the accused in the present fir has already filed a previous fir as complainant against the same person who has filed the present fir.
- There is crystal clear evidence that accused was not present at time of crime in that area or that the accused has the same name as that of the original perpetrator.