Can FIR be quashed by high court?

The High Court under Section 482 has the power to quash an FIR even after filing of Charge Sheet by the prosecution. The accused can also appraise the Court that there is no material evidence against him even after the investigation in the matter.

Can FIR be quashed after filing of charge sheet?

The Supreme Court held that while exercising the power under section 482 of the CRPC, the court can quash the FIR even if the charge sheet has been filed, as the power under section 482 is to be exercised to prevent the abuse of process and miscarriage of justice.

When can the accused filed a motion to quash?

– At any time before entering his plea, the accused may move to quash the complaint or information.

Can the High Court quash an FIR under Section 482 CrPC?

Yes, the Hon’ble High Court can quash an FIR under section 482 crpc even after filling of the charge sheet. The Parties must show that they have settled their dispute amicably. It is appropriate that the parties filing quashing petition under section 482crpc must annex their settlement paper too.

Can high Court quash fir/charge sheet?

Under the scope of the powers of High Court under section 482 of the Code of Criminal Procedure, 1973, a High Court, under rarest of rare cases, may quash FIR/Chargesheet. Supreme Court, through Dr. Arijit Pasayat and Altamas Kabir JJ, explained that exercise of power under Section 482 of CrPC does not confer any new powers on the High Court.

Can a non compoundable offence be quashed under Section 482?

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;

Can a First Information Report (FIR) be quashed?

On this ground, the prayer to quash the First Information Report was rejected by the High Court. The Hon’ble Supreme Court after discussing various precedents on the subject summarized the following broad principles in relation to Section 482 for quashing FIRs.

https://www.youtube.com/watch?v=QZuAzJA87eQ