What are the grounds for quashing of FIR?

FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.

What are the real powers of the High court under section 482 CrPC?

“ In the result we hold that while exercising inherent jurisdiction under Section 482, the High Court has the power to pass “such orders” (not inconsistent with any provision of the Code) including the order for costs in appropriate cases – to give effect to any order passed under the Code, or to prevent the abuse of …

Can an FIR be quashing under section 482 CrPC?

If the answer to all the questions is in affirmative, the Court should quash the proceedings by exercising its power under Section 482 of CrPC. Parbatbhai Ahir v. The power to quash under Section 482 is attracted even if the offence is non-compoundable.

How many grounds have been given for the exercise of inherent powers?

The Hon’ble Supreme Court in State of Karnataka v. Muniswamy AIR 1977 SC 1489, held that the section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely, “to give effect to an order under CrPC, to prevent abuse of the process of the court, and to secure the ends of justice“.

Can FIR be quashed partly?

FIR Can Be Quashed In Part If No Cognizable Offence Is Made Out Against Accused: SC [Read Order] They cannot be allowed to suffer on the basis of the complaint, only on the ground that the investigation against co-accused is still pending, the bench observed.

How many days it takes to quash an FIR?

The quashing of FIR takes between 2 to 5 hearings to get the case quashed which will take anywhere between 10 days to 3 months. The law is supreme. It gives rights to every person without bias.

Can FIR be quashed before filing of chargesheet?

High Court Cannot Quash Criminal Proceedings U/Sec 482 CrPC Relying On ‘Draft Charge Sheet’ Which Is Yet To Be Filed Before Magistrate: Supreme Court.

Can FIR be quashed against one accused?

cases in which FIR/complaint can be quashed: “102. (1) Where the allegations made in the first information report 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 is the Section 151 CPC?

Section 151 of CPC Section 151 deals with “Saving of inherent powers of Court.” This Section states that ‘Nothing in CPC shall be considered to restrict or otherwise affect the inherent power of the Court to make such orders as may be important for the ends of justice or to limit abuse of the method of the Court.

Which court has inherent powers under the CPC?

The High Court has inherent power under S. 151, under Letters patent, and under Art 215 of the Constitution to prevent abuse of its process. For an instance, it is an abuse of the process of the court when the facts germane to the issue are either not disclosed to the court or are not stated in the true sense of it.

What is the difference between Section 482 and CrPC?

The jurisdiction under section 482 is discretionary, therefore the high court may refuse to exercise the discretion if a party has not approached it with clean hands. Under CrPC , inherent powers are vested only in the high courts and the courts subordinate to the high courts have no inherent powers.

What is Section 482 of the Indian Code of Criminal Procedure?

Under Section 482 CrPC – “ 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 ”.

When can a criminal proceeding be quashed under Section 482?

If the averments taken on their face do not constitute the ingredients necessary for the offence, the criminal proceedings may be quashed under Section 482. That a criminal proceeding can be quashed where the allegations made in the complaint do not disclose the commission of an offence under the Penal Code.

Can a HC grant interim protection from arrest under Section 482 CrPC?

The SC referred to two earlier decisions in State of Telangana v. Hamid Abdullah Jeelani [8], and Ravuri Krishna Murthy v. State of Telangana [9], which held that the HC cannot grant interim protection from arrest under Section 482 CrPC, after dismissing a quashing petition.