July 26, 2015

When quashing of FIR is possible by High Courts Some pointers

If a FIR is registered, then only High Court or Supreme Court can quash it.

Usually a petition under Sec.482 of Cr.P.C is filed in High Court.

Such petition usually say that:

1)  FIR does not disclose crime,

2) It is abuse of criminal law.

3) Or that, it is barred by some law.

Such petition is accompanied by a copy of FIR and relevant documents on basis of which petitioner wishes to argue his case.

If High Court refuses to quash FIR, than the aggrieved person can approach Supreme Court under Art.136 of Constitution of India.

Haresh Raichura(c)
26/7/2015