Legal provisions in India for quashing of criminal proceedings
An FIR can be quashed ( cancelled ) by High court only.
FIR quashing can only be done on any of the following grounds:
1 Prima facie no offence made out.
2 Prevent abuse of procees of law
3 To meet the ends of justice
Thus if any of these 3 elements suffice, courts discretion can be exercised but it is used sparingly and not in routine.
Code of Criminal Procedure (hereinafter referred to as Code/CrPC), 1973 has laid out the provisions for quashing of criminal proceedings.
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."
Rules governing the petitions which pray for quashing of criminal proceedings
Section 482 of CrPC, which deals with the power of court to quash criminal proceedings, hasn’t given the details of that what exactly constitutes the inherent power of court. In that sense, the Code is very vague as it doesn’t lay out the grounds on which the foundations of the inherent power of court lay.
Furthermore, there has been consistent inconsistency in the judgments of the Supreme Court of India with regard to the application of Section 482 of CrPC. Consequently, the application of section 482 of CrPC is a very agitated issue in litigation along with being a strongly debated concept in the legal academic circles.
In the exercise of the extra-ordinary power or the inherent powers under Section 482 of the Code of Criminal Procedure, the following points are given wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice. The following points may consider by the Hon’ble high court of Chandigarh at the time of quashing the FIR
Section 482 of the code specifies that a High Court has got the power to act in any manner in order to make the two ends of justice meet.
Under this section, a High Court can quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.
If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC.
The burden of proof is on the petitioner to prove that he FIR has been lodged only for malicious reasons and to trouble the petitioner.
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.