Law4u Service

How Can I Quash An FIR In India?

Answer By law4u team

Quashing Legal Procedure refers to the process of nullifying or invalidating an FIR (First Information Report) or criminal proceedings by the courts, typically the High Courts, under Section 482 of the Criminal Procedure Code (CrPC). Here is the procedure involved:

Procedure:

  1. Filing a Petition: The accused or affected party can file a petition under Section 482 CrPC before the High Court, seeking the quashing of the FIR or criminal case.
  2. Grounds for Quashing:
    • The allegations in the FIR do not constitute a criminal offence.
    • There is no evidence to support the charges.
    • The case is false or frivolous, or the continuation of the trial would be an abuse of the process of law.
    • Settlement between the parties in certain cases like matrimonial disputes.
  3. Court Hearing: The High Court issues a notice to the State and the complainant. Both parties are given an opportunity to present their arguments before the court.
  4. Judicial Scrutiny: The court carefully examines the merits of the case, the grounds for quashing, and the circumstances under which the FIR was filed.
  5. Judgment: If the court finds that the FIR or proceedings are not sustainable or justifiable, it may pass an order to quash the case. If not, the trial continues in the appropriate court.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Alok Dwivedi

Advocate Alok Dwivedi

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law, Property

Get Advice
Advocate Payal Prajapati

Advocate Payal Prajapati

Court Marriage, Divorce, Family, Cheque Bounce, High Court

Get Advice
Advocate Ramit Kehar

Advocate Ramit Kehar

Anticipatory Bail, Breach of Contract, Civil, Cheque Bounce, Court Marriage, Criminal, Divorce, Domestic Violence, Family

Get Advice
Advocate Kulbir Singh

Advocate Kulbir Singh

Cheque Bounce, Civil, Consumer Court, Court Marriage, Divorce, Labour & Service, Motor Accident

Get Advice
Advocate Mayank Sharma

Advocate Mayank Sharma

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Landlord & Tenant

Get Advice
Advocate Balamurugan J

Advocate Balamurugan J

Arbitration, Breach of Contract, Cheque Bounce, Criminal, Civil, Cyber Crime, Divorce, R.T.I, Property, Labour & Service, High Court, Recovery

Get Advice
Advocate Sakshi

Advocate Sakshi

Cheque Bounce, Child Custody, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, Muslim Law, R.T.I

Get Advice
Advocate R K Bhandari

Advocate R K Bhandari

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Domestic Violence, Motor Accident, Medical Negligence, Consumer Court, Breach of Contract

Get Advice

General Related Questions

Discover clear and detailed answers to common questions about General. Learn about procedures and more in straightforward language.