In the new age India of today, to be a law-abiding citizen one needs to understand the day to day legal terminologies and its implications. While we all have heard of FIR, there is still not much discussed about quashing an FIR. So, what exactly is quashing an FIR and what is the process? Here is all you need to know.
Meaning of FIR
FIR is the abbreviation for FIRST INFORMATION REPORT. It is one of the most crucial documents as it facilitates the base of any investigation. It is a form of a written communication filed by the victim with the police so that a judicial action can be initiated against the accused.
There are many provisions in law under which wide protection has been granted to the suppressed sections of the society such as minors, women, and Dalits etc. but unfortunately many a time there is a misuse of this power. In these cases, the court has the power to quash such an FIR which renders it nil. In short quashing, an FIR means rendering it void on account of it being falsely or illegally lodged.
Power of High Court under Section 482 of CrPC
As per Section 482 of Criminal Procedure Code, 1973 the High Court has the power to quash an FIR if it is convinced that the FIR was lodged illegally. In this case, the high court can also order to set the person free who was falsely accused and hence arrested.
As the Hon'ble High Court has the power to behave in any manner to make sure justice is provided, it can quash an FIR filed falsefully to defame someone.
The aggrieved who is framed in a non-compoundable offence can approach the high court with a writ petition as stated in Article 226 of the Indian Constitution. The responsibility to prove his innocence also known as the burden of proof in such cases remains on the petitioner.
The most common case in which the high court uses the power to quash an FIR is for cases falsely filed under Section 498 (A)Â of Indian Penal Code, 1860, for dowry harassment. While this particular law is made to safeguard women, it is often misused to pressurize the in-laws and husband and becomes necessary to check the truth of the situation.
Judicial Precedents
In the case of Parbatbhai Aahir v. State of Gujarat, the Supreme Court vide its three-judge bench has issued certain guidelines and principles which the High Court needs to keep in mind while quashing an FIR. The High Court while keeping in mind its powers to make justice prevail also need to consider the FIR and evaluate if the decision will help in the course of justice being served. The high court also has to consider facts and circumstances. In case of civil dispute cases, the high court may quash the FIR based on the compromise between the two parties. However, in the case of extreme criminal cases, the court has to be extremely careful.
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