Getting an FIR
Getting an FIR or a Complaint quashed
To protect people and uphold their legal rights, laws have been created. However, a lot of people abuse these rules to achieve their own nefarious goals. Their goal can be to use blackmail on another person to get something from them—money, fame, or even compliance.
It was felt that such restrictions were necessary in order to protect innocent people who were being unfairly targeted by the law from being wrongfully prosecuted. The lawmakers sought to make sure that there was an institution with the authority to halt complaints or FIRs that were solely filed to abuse the legal system and the privileges it granted.
As a result, a person may apply to the High Court under Section 482 of the Criminal Procedure Code to have a complaint or a FIR lodged against him dismissed. The Court must be completely persuaded that there is no prima facie case made out against the identified accused and the person has been fraudulently implicated with malicious intent in order to quash the FIR or complaint.
What are some of the High Court's inherent powers?
According to Section 482 of the Code of Criminal Procedure, the High Court is given inherent authority and has a responsibility to act wisely in order to reconcile the two goals of justice. This clause allows for the High Court to be contacted in order to have a FIR or complaint quashed. The Court is expected to investigate the information and facts that are initially visible in the FIR or the complaint in order to ascertain the FIR's true nature. If the High Court determines that the FIR or complaint was made only for the purpose of harassing the accused and unfairly abusing the legal system, it may be dismissed.
It should be emphasized that the High Court and the Supreme Court take a strict stance while considering whether to quash the FIR or the complaint. In order to limit an investigating agency's right, the court must use highly convincing arguments.
The applicant has the burden of proving beyond a reasonable doubt that the FIR or complaint is only malicious in nature and does not contain the elements necessary to form the alleged offense.
There are several reasons to dismiss a complaint or a FIR.
- When the accusations made against the accused in the FIR or the complaint do not, on their face, represent the elements necessary for the conduct of any crime.
- When the claims stated in the FIR or complaint are of a character that makes it improbable that there would be enough evidence to proceed against the accused based solely on the FIR or complaint.
- Where the law expressly prohibits the initiation and/or continuation of the proceedings against the accused through one of its provisions.
- When the High Court observes the filing of counter FIRs that demonstrate dishonesty, retaliation, ulterior intentions, or any other malign intent on the part of the parties.
Methods for quashing an FIR
The following list includes the numerous methods by which a FIR may be quashed-
FIR In Matrimonial Cases, Quashing
According to Sections 498 A and 406 of the Indian Penal Code, many women make fictitious complaints about abuse by their husbands and his family members. But in the future, the parties may reach a resolution amicably by creating a Mutual Compromise document that outlines the details of the agreement. Both parties in this matter must appear before the High Court to be identified and to have their statements recorded. Once the divorce proceedings are over, the Quashing of FIR is also issued in cases of divorce.
FIR in Financial Disputes, Quashing
Quashing of FIR becomes the natural line of action in economic offenses once the parties reach an agreement and any financial disagreements are resolved. The Quashing of FIR is done in conjunction with a Compromise Deed in cases of serious offenses other than economic offenses.
The Acquitted Person's Rights
- Once the FIR is dismissed and he is released from the case, the acquitted party may ask the court to bring criminal charges against the complainant;
- Anyone who intentionally submits incorrect information may be the subject of a complaint under section 182 (IPC);
- Section 156(3) of the IPC allows for the filing of applications with the court;
- When false accusations are made against an individual with the intent to defame or harass them without a basis in fact or under the law, a private complaint under section 200 (CRPC) may be filed;
- A complaint under section 211 (IPC) may be filed to punish the person for filing a fabricated police report and making false accusations.
- Filing a claim for compensation under section 250 CRPC for false accusations. This will also hold true for summonses and warrants.
- If a public worker has abused his authority or taken unfair advantage of it to harass the acquitted person, he or she may in some circumstances also be able to utilize such rights.
In the event that the parties reach a compromise, the FIR will be quashed
When a settlement is reached with the accused, the complainant frequently wants to rescind his complaint, but this is more difficult when the problem is criminal in character. In these situations, the High Court must be contacted by both the complainant and the accused for the quashing. The following are a few considerations for the same-
- When deciding whether to dismiss a FIR, the timeliness of the parties' settlement is crucial.
- The Court must take into account whether the action would accomplish the goals of justice and prevent abuse of the legal system while determining whether to throw out a specific criminal proceeding or complaint. Thus, there is no rigid rule that can be established; rather, the choice ultimately depends on the particular facts and circumstances of each case.
- The nature and seriousness of the offense described in the FIR or complaint must be given appropriate consideration by the High Court. For the commission of major and egregious offenses, quashing cannot be deemed justified. Such offenses have an effect on society as a whole and are not private in nature.
- In addition to serious crimes, there are criminal cases that result from business, finance, mercantile, partnership, etc. that are primarily of a civil nature. When parties to a dispute have really found a resolution, the court may choose to dismiss the criminal case leniently because continuing the case would simply burden the court system and leave no room for a conviction.
- In some cases, even though the alleged offense appears to be purely a civil one between private individuals, it may contain claims of forgery, extortion, document fabrication, etc. In this case, quashing such criminal proceedings would be against society's best interests.
- Therefore, before exercising its authority under Section 482 of the Criminal Procedure Code to quash a FIR or criminal proceedings, the Court carefully considers the elements of each case. Please get in touch with us if you have any questions about probate, letters of administration, or anything else. Also contact us by asking a question on our website if you want to use any of the aforementioned services.
Application for FIR quashing filed with the High Court
In accordance with Section 482 of the Criminal Procedure Code, an application must be submitted to the High Court in the format specified. In order to convince the court that a criminal proceeding has been imitated with the intention of abusing the court's process, the full details of the FIR/complaint must be mentioned, along with the accusations made in it, all the complainants and the accused, and finally the relief sought, whether it relates to one accused person or all of them.
What can Estabizz do to assist you?
- Inform us of the case's specifics.
- You will have a Case Manager assigned to you who will give you the best legal counsel and serve as your point of contact throughout the proceedings.
- We'll help you identify the most qualified advocate available in your area.
- On your behalf, we will review each stage of the process and all related paperwork.
- You will be kept informed of the status of the case at every level of the proceedings until they are over.
- To ensure that you have no issues, we will monitor the lawyer who has been assigned to you.
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What are some of the High Court’s inherent powers?
There are several reasons to dismiss a complaint or a FIR.
Methods for quashing an FIR
In the event that the parties reach a compromise, the FIR will be quashed
Application for FIR quashing filed with the High Court
What can Estabizz do to assist you?
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