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
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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).
- 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.
- 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
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
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.
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.
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
Award Winning Article Is Written By: Greeshma Reddy
Authentication No: DE35534014194-20-1220