How to Quash an FIR in India

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Hello and Welcome to Legal Service India dot com.

Today we will Discuss on How to Quash an F.I.R.?.

An F.I.R. can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated. A High Court can quash the F.I.R. on the ground that the case is a false case and will ask the police to set the aggrieved person free if he has been arrested.

let me now Discuss in point wise the Inherent Powers of High Court.

First. The Code of Criminal Procedure has under Section 482 explained the inherent powers of the High Court.

Second. Section 482 of the code specifies that a High Court has got the power to act in any manner in order to make the two ends of justice meet.
Under this section, a High Court can quash an F.I.R. if it thinks that the F.I.R. which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.

third. If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of C.r.P.C.

fourth. The burden of proof is on the petitioner to prove that he F.I.R. has been lodged only for malicious reasons and to trouble the petitioner.

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