• Quashing of FIR, Summoning Orders, Etc.
  • When an FIR gets lodged, it got to reach at its logical conclusion through the different stages of legal actions on the part of the police, and proceedings before the Court, such as investigation, arrests (if applicable), bails, trial, conviction, acquittal, sentencing/ imprisonment/ fine (if awarded). The Case being a police/ State Case, the parties, i.e. the Complainant and the Accused do not have much control over it, except that they can move the higher Courts and/ or the Court concerned if they feel aggrieved with continuance/ proceeding of the aforementioned stages. 

    There is however, an inbuilt provision in the law i.e. in the Code of Criminal Procedure, 1973, wherein the law provides for it that the parties, i.e the Complainant and the Accused can seek foreclosure of the entire controversy, and escape the aforementioned stages/ logical conclusion. The parties, i.e the Complainant and the Accused can settle the dispute between/ amongst them and get the Criminal proceeding arising out of an FIR compounded before the concerned Magistrate. In some cases, the parties can do it own their own and simply get their statement recorded before the Court. In other, the Parties however, have to seek permission of the court before doing so. Section-320 of the Code of Criminal Procedure, 1973, titled as “compounding of offences” deals with this issue.

    The law however, does not permit compounding of the offences, not covered under S-320 of the Code of Criminal Procedure, 1973. 

    As they say, the law cannot be straightjacketed. In other words, legislatures cannot legislate on each and every aspect, the law being very dynamic by its very nature. Also, the legislatures have never intended the Courts to act in a robotic fashion, strictly on the lines of what they legislate. Hence, the High Courts were equipped with inherent powers, under Section-482 of the Code of Criminal procedural, 1973, to do the justice in any unforeseen eventuality. The Article-226 of the Constitution of India also has such provision, giving the High Court of a State an ample power to issue Writs/ commands of several nature, like Writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari, etc. Therefore, the people routinely approach High Courts seeking the latter’s indulgence under S-482 & Art-226 seeking quashing of FIRs. 

    We have numerous Judgments and Orders passed by High Courts all over India and by the Hon’ble Supreme Court of India, granting, as also rejecting the Applications seeking Quashing of FIR in 498A. For convenience sake, we have divided the subject in hand in the following categories.

    To know more about Quashing Of FIR, go on clicking on the following links

    • A Short Note
    • Applicable Provisions of Law- Under the Code Of Criminal procedure, 1973
    • Which Court to be approached for quashing of FIR
    • Who can approach the High Court for quashing of FIR
    • Grounds for quashing of FIR- In the cases where the parties intend to settle the matter | Where the Applicant got falsely implicated by the police/ Individual complainant.  
    • Relevant Legal Provisions
    • Judgments & Orders- Vital Findings on Quashing of FIR.
    • Format of Quashing Petition- In A Matrimonial Matter.

    Judgments: Quashing of FIR, Summoning Orders, Etc.

    Judgments on Quashing of Domestic Violence Act [D V Act] Complaints

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