Can 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.

Can a criminal case be quashed?

The Supreme Court Wednesday said high courts can quash criminal proceedings exercising inherent powers under Section 482 of the CrPC even if the offences are non-compoundable while bearing in mind the nature of offence and voluntary settlement of dispute between the parties.

In what cases FIR can be quashed?

The High Court under Section 482 has the power to quash an FIR even after filing of Charge Sheet by the prosecution. The parties can also reach a modus vivendi [4]. The accused can also appraise the Court that there is no material evidence against him even after the investigation in the matter.

What is Section 482 of Criminal Procedure Code?

482. 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.

Which writ is filed for quashing of FIR?

An application for Quashing of FIR can be filed before the High Court under Article 226 of the Constitution of India by means of a Criminal Miscellaneous Writ Petition. Thus, one can invoke the extraordinary jurisdiction of the court in order to quash an FIR.

When can the accused filed a motion to quash?

– At any time before entering his plea, the accused may move to quash the complaint or information.

Can a non compoundable Offence be quashed on the basis of settlement?

No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.

Can FIR be quashed under Article 226?

Can case be quashed before 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. A draft charge-sheet was placed before the High Court for offences punishable under Sections 385, 389, 418, 477, 506 (2), 120B and 34 of the IPC.

What is the nature of offence under Section 482 of CrPC?

Predominantly civil nature of offence – The power conferred on high Courts under Section 482 of the CrPC to quash criminal proceeding for non-compoundable offences under section 320 of the CrPC can be exercised where the offence involved is merely a predominantly civil and commercial matter;

Can a criminal case be quashed by the High Court?

Similarly, any compromise between the provide for any basis for quashing criminal proceedings involving such offences. But the criminal the parties have resolved their entire dispute. In this category of cases, High Court may quash

Can Section 482 of IPC be invoked to bypass section 320?

The High Court dismissed the petition for quashing the FIR as in its view the under Section 482 of the Code could not be invoked to by-pass Section 320 of the Code. It is from this order that the matter reached this Court. This Court held that the High Court in exercise the Code did not limit or affect the powers under Section 482 of the Code.

Can high Court compound non-compoundable offences?

The issue of compounding of non-compoundable offences by a high court in exercise of its inherent power under Section 482 of the Code of Criminal Procedure (CrPC) has been addressed by the Supreme Court of India (Supreme Court) in a catena of decisions. However, there was a conflict in law due to varying observations made by the Supreme Court.