In Indian legal system quashing of criminal proceeding or FIR quash dealt in section 482 of Code of Criminal Procedure (CrPC) 1973. There are certain precedents laid down by Hon’ble Court wherein it has been elaborated grounds on which FIR can be quashed. Under Code of Criminal Procedure (CrPC) 1973section 482 deals with inherent power of High Court. By exercising this power, court can quash FIR on ground that a case is false and baseless.
FIR Quashing Lawyer
Quashing means to end, defeat or to dismiss or make it completely void. In simple words quashing of FIR in criminal proceedings means completely ending or stopping the process of legal proceedings that are in process of an accused person. This step is taken after FIR has already been filed but before the charge sheet is filed in the court of law. The Criminal Procedure Code (CrPC) has laid down specific provisions for quashing of FIR under section 482 in the cases that are decided upon by the discretionary powers of High Court.
As we know that the law has been made for the benefits of the people. Legalmax is a law firm that keeps laws in mind to protect the interest of all the people. Our best FIR quashing lawyers are experienced and specialized in the field of criminal law. Our best FIR quashing lawyers filed the petition for quashing after doing proper research work. They represent the petition before High Court on merits of the accused’s case, which makes our FIR quashing lawyers easier to get the desired results in favor of the accused. Our FIR quashing lawyers have experience to present their argument on point and to conclude that the FIR registered is in contradiction of any law and has been lodged with the sole motive to harass the accused and the case is false and baseless.
Legalmax is a top law firm for the criminal cases. You can contact us for getting best legal solution related to criminal proceedings such as FIR quashing, Criminal Trials, Financial Fraud, Harassment cases etc. Our team of experts lawyers Practices in Supreme Court, High court and all District Courts dealing with complex issues of criminal proceedings. The best thing about our FIR quashing lawyers is that they have always achieved outstanding results and are always geared up to assist their clients with complete specialized and dedicated approach.
How to apply for FIR Quash:
You can approach top criminal lawyer with all the relevant documents or evidence and he can file application before the concerned High Court under the provision of 482 Code Of Criminal Procedure (CrPC) 1973, if court is convinced that the person is innocent and has been falsely implicated in the said case, the High Court can quash FIR on the ground that the case is false and baseless.
Our team of best FIR quashing lawyers leaves no stone unturned in dismissal of the FIR. They keep their knowledge updated through landmark judgment and research work. Our team of lawyers is dedicated and goal oriented. FIR quashing is a complex criminal proceeding and our criminal lawyers are the expertise in the field of FIR quashing. You can approach our top criminal lawyer with all the relevant documents or evidence and they can file FIR Quashing application before the concerned High Court under the provision of 482 Code Of Criminal Procedure (CrPC) 1973.
Quashing” is a legal term; the meaning of quashing is disposed of or finishes a criminal case before the ending of the trial or passing judgment. When a criminal case is registered against someone in the court either by the police or a person, the case must be proved by the complainant against the accused person and alleged accused person try to prove innocent to him before the trial court.
The Hon’ble Supreme Court in Parbatbhai Aahir & Ors. Vs. State of Gujarat & Anr. (Criminal Appeal No. 1723 of 2017) summarized the following broad principles in relation to Section 482 for quashing FIRs.
- Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognizes and preserves powers which inhere in the High Court;
- The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
- In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;
- While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised;
to secure the ends of justice or
- to prevent an abuse of the process of any court;
- The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;
- In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim has settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;
- As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;
- Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavor may in appropriate situations fall for quashing where parties have settled the dispute;
- In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and
- There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanor. The consequences of the act complained of upon the financial or economic system will weigh in the balance.
If the petitioner file a quashing petition before the Hon’ble Court and succeeds, the case will be quashed against him with all subsequent proceeding and if not, then it does not give any bad effect. To the merit of his case before the trial court and he gains proper opportunity to prove innocent to himself.
Advocates at Legalmax Law Firm has successfully dealt with many FIR Quashing matters on behalf of their clients. Our team of experienced lawyers has successfully managed to quash false FIR filed against their clients. We are successfully representing our clients across India in various courts. Our lawyers have a deep knowledge of the criminal laws and they also do a proper research work before representing any matter before the court and that’s why we are achieving the ladder of success through our skill and knowledge.