File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Quashing of FIR section 498 A of IPC

Quash means to nullify, void or declare invalid; to put an end to a legal proceeding. The procedure is used when there is an irregularity or defect in the procedures.
F.I.R. means First Information Report. It is the earliest and the first information of a cognizable offence recorded by an officer in charge of a police station. T.T. Antony v. State of Kerala, AIR 2001 SC 2637. [CrPC, 1973 (2 of 1974), section 154]

Some people falsely implicate others into cases to disturb their peaceful life by filing false FIR. In that situation they can move to the high court by a petition that is to say quashing of fir under section 482 of criminal procedure code, 1973. They can also approach the high court under article 226 of the constitution of India to file a writ petition for quashing of false fir. The quashing of FIR depends upon the facts and circumstances of each case.

Quashing Of FIR Registered Under Section 498A Of IPC

To safeguard women from cruelty, section 498A of Indian penal code, was inserted by the criminal law (second amendment) act, 1983. It is more often used as a weapon rather than shield by disgruntled wives.

Disgruntled wives simply lodge FIR against husbands and their relatives with severe allegations. Due to severe allegations they not only lose their reputation in society, but also faces a lot of torture and harassment.

After registering FIR on the information provided by the person the police have the right to arrest the accused person and investigate into the offence. This legal procedure will be unreasonable, oppressive or unduly burdensome to the accused person. In that situation, accused person has a remedy that is the quashing of fir. An FIR can be quashed by invoking the jurisdiction of section 482 of criminal procedure code, 1973.

An application can file under section 482 of CrPC to quash and set aside fir registered under section 498A of IPC. The High court can quash the fir if the court is convinced that the person is innocent and falsely implicated. It also can be done if the proceedings of a case are not conducted fairly and also in some cases where the provision of the section 498A of IPC is not attracted in the report. The High court can quash the F.I.R on the ground that a case is a false case. Quashing of FIR can also be done by writ petition under article 226 of the constitution of India.

Section 482 of criminal procedure code, 1973

Saving of inherent power 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:
  1. While exercising jurisdiction under section 482 of the code, the High court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable apprehension of it accusation would not be sustained. That is the function of the trial judge/ court; State of Andhra Pradesh v. Gourishetty Mahesh, JT 2010 (6) SC 588: (2010) 6 SCALE 767: 2010 Cr L J 3844.
     
  2. Ends of justice would be better served if valuable time of the court is spent in hearing those appeals rather than entertaining petitions under section 482 at an interlocutory stage which after filed with some oblique motive in order to circumvent the prescribed procedure, or to delay the trial which enable to win over the witness or may disinterested in giving evidence, ultimately resulting in miscarriage of justice; Hamida v. Rashid, (2008) 1 SCC 474.
     
  3. Inherent jurisdiction under section 482 has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself; Monica kumar v. State of Uttar Pradesh, (2008) 8 SCC 781.
     
  4. High court can exercise jurisdiction suo motu in the interest of justice. It can do so while exercising other jurisdictions such as appellate or revisional jurisdiction. No formal application for invoking inherent jurisdiction is necessary. Inherent jurisdiction can be exercised in respect of substantive as well as procedural matters. It can as well be exercised in respect of incidental or supplemental power irrespective of nature of proceedings; Popular Muthiah v. State, Represented by Inspector of Police, (2006) 7 SCC 296.
     
  5. In matrimonial offences it becomes the duty of the court to encourage genuine settlements of matrimonial disputes; B.S. Joshi v. State of Haryana, AIR 2003 SC 1386.
     
  6. The extra-ordinary power under section 482 have to be exercised sparingly and should not be resorted to like remedy of appeal or revision; Kavita v. State, 2000 Cr L J 315 (Del).
     
  7. It is well-settled that the inherent powers under section 482 can be exercised only when no other remedy is available to the litigant and not where a specific remedy is provided by the statute. Further, the power being an extraordinary one, it has to be exercised sparingly. If these considerations are kept in mind there will be no inconsistency between sections 397(2) and 482 of this code; Basudev Bhoi v. Bipadabhanjan Puhan, (1997) 2 Crimes 331 (Ori).
     
  8. To prevent abuse of the process of the court, High court in exercise of its inherent powers under section 482 could quash the proceedings but there would be justification for interference only when the complaint did not disclose any offence or was frivolous vexatious or oppressive; Dhanlakshmi v. R. Prasana Kumar, (1990) Cr L J 320 (DB): AIR 1990 SC 494.
     
  9. In exercising jurisdiction under section 482 High court would not embark upon an enquiry whether the allegations in the complaint are likely to be established by evidence or not; State of Bihar v. Murad Ali Khan, (1989) Cr L J 1005: AIR 1989 SC 1.

Article 226 Of The Constitution Of India

The High Courts, the superior courts of the States, may issue writs under article 226 of the constitution of India. The High Court shall have power to issue directions, or orders, or writs, including writs in the nature of Habeas corpus, Mandamus, Prohibition, Quo€“Warranto and Certiorari whichever may be appropriate for the enforcement of rights under article 226 of the constitution of India.

The quashing of fir under article 226 of the constitution of India, 1950 shall be made only on grounds of perversity, illegality, irrationality and procedural irregularity. An F.I.R may sometimes set aside and quashed under article 226 on the ground of illegality and an apparent error of law in fir. A petition for writ cannot be rejected just because the proper writ or direction has not been sought.

Period Of Limitation

An application can file under section 482 of CrPC to quash and set aside fir at any stage once an F.I.R has been filed, but before the charge sheet filing stage. However, if circumstances necessitate even after the charge sheet filed the court can use its discretionary power under section 482 CrPC.

Once quash petition filed and police submit the report to the court. 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.

Conclusion
The law is supreme. It gives rights to every person without bias. The quashing of fir is also a right, but not a mandatory or law bound process like the appeal or revision for the petitioner. It is merely a choice of accused persons.

When the accused person felt that fir filed on him was a false fir or the proceedings of a case were not conducted fairly then the accused person can move to the high court by filing quash petition. If the accused person succeeds in the quash petition, the accused person will not have fir filed against him.

The high court quashes the fir and subsequent proceedings. Accused person will be free from rigorous procedure. If the accused person does not succeed in the quash petition, the accused person will have fir filed against him. Then again accused person has to attend trial court and follow the procedure. Rejection of quash petition does not show any bad impact on the case in the trial court. Accused persons will have all rights to prove their innocence in trial court.

Welfare of the people is the supreme law.

Award Winning Article Is Written By: Greeshma Reddy

Awarded certificate of Excellence
Authentication No: DE35534014194-20-1220

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Sexually Provocative Outfit Statement In...

Titile

Wednesday, Live Law reported that a Kerala court ruled that the Indian Penal Code Section 354, ...

UP Population Control Bill

Titile

Population control is a massive problem in our country therefore in view of this problem the Ut...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly