Various safeguards are provided to protect the victims of false and fabricated crimes, such that such proceedings cannot be used to harm the innocent. A First Information Report can be quashed or declared non-existent on the basis of a petition presented under the High Court's authority. Under Section 482 of the Code of Criminal Procedure, the High Court has direct jurisdiction to take any action necessary to do justice. This power is invoked either when it is proved that the accused has been wrongly implicated or when the FIR has been otherwise proved baseless. Therefore, let us know about the quashing of FIR under Section 482 of CrPC.
This section provides safeguard from the abuse of process of the courts, thus guarding the innocent from being intimidated by unfounded or false complaints while doing justice.
About Quashing of FIR
- A High Court quashes an FIR under Section 482 of CrPC (now Section 528 of BNSS) when it becomes evident that the allegations are either baseless or malicious or do not disclose any cognizable offense.
- In this way, the process is shielded against abuse before the courts, preventing harassment of a citizen through false or baseless complaints, and ensuring that justice prevails in all its forms.
Section 482 of Code of Criminal Procedure
- This section deals with the inherent powers of the High Court. It declares that nothing in this Code will be interpreted as restricting or affecting the High Court's inherent authority to issue orders that may be required to carry out orders under this Code, stop misuse of the legal system, or otherwise uphold the goals of justice.
- This provision just acknowledges that High Courts have inherent powers; it does not grant them any more authority.
Section 528 of Bhartiya Nagarik Suraksha Sanhita
- Section 528 of the BNSS has taken the place of Section 482 of the CrPC. The Bharatiya Nagarik Suraksha Sanhita (BNSS) addresses the request for records in order to exercise revisionary powers in Section 528 of BNSS. The preservation of the High Court's inherent powers is covered in this section.
- It declares that nothing in this Code will be interpreted as restricting or affecting the High Court's inherent authority to issue orders that may be required to carry out orders under this Code, stop misuse of the legal system, or otherwise uphold the goals of justice. This provision just acknowledges that High Courts have inherent powers; it does not grant them any more authority.
Purpose:
- Section 528 of the BNSS specifies when the inherent authority may be used.
- It lists three reasons why the inherent power may be used:
- to issue orders required to carry out any directive made in accordance with the Code.
- to prevent the misuse of any court's procedure.
- to ensure that justice is served.
Grounds for Quashing of FIR
- The FIR may be dismissed if all of the charges are accepted at face value and do not amount to an offense;
- In the event that the claims made in the FIR are so ludicrous and unlikely that no prudent person would make them;
- If the claims in the FIR and any supporting documentation do not constitute a crime that can be prosecuted, whether the police have registered it under Section 175 of BNSS or the magistrate has ordered it.
- A police officer cannot conduct an inquiry if the charges are not a cognizable offense but rather a non-cognizable one without the magistrate's permission.
- If the accusations made in the FIR or complaint do not support any criminal charges or provide evidence against the accused.
Under Section 528 of the BNSS, the judge's subjective judgment would be the last and conclusive factor in quashing the FIR. A balance between the facts of the case and the court's implicit authority under Section 528 of BNSS must be maintained.
Ways of Quashing an FIR
Quashing of FIR after Filing the Charge Sheet:
- Section 528 of BNSS gives the High Court the authority to dismiss a FIR even after the charge sheet for the matter has been submitted.
- Even after the inquiry is over, the accused may still appeal to the court that no substantial evidence is being utilized against him. Another option accessible to the accused is to enter a plea of Inherent Probability.
Quashing of FIR on Compromise:
- The FIR may be quashed by the High Court at any time based on a compromise. The compromise may be accepted by both the complainant and the accused.
- In this situation, both parties must submit a joint petition according to Section 528 of the BNSS. Upon scrutinizing the facts and circumstances of the case, the court is to issue an order quashing the FIR. If the court determines that the facts, terms, and conditions of the compromise are unsatisfactory, the quashing petition may also be dismissed.
Quashing of FIR in Matrimonial Disputes:
- Many women make false claims about their husbands' and their relatives' cruelty under Sections 85 and 316 of the Bhartiya Nyaya Sanhita. However, by drafting a mutual compromise agreement outlining the parameters of the settlement, the parties may eventually come to an agreement. Both parties in this matter must appear before the High Court in order to be identified and have their statements recorded.
- Following the completion of the divorce processes, the Quashi of FIR is also issued in divorce cases.
Quashing of FIR in Financial Disputes:
- The remedy for economic offenses is to quash the FIR after the parties have reached an agreement and resolved any financial disagreements.
- A Compromise Deed is executed in conjunction with the FIR's quashing in cases of significant offenses other than economic offenses.
Conclusion
The special feature of the Indian criminal law system is the inherent powers granted by Section 482 of the CrPC (now Section 528 of BNSS). In terms of supremacy, it distinguishes the High Court's authority from that of the other lower courts. Many accused people who request for justice have had their rights protected by the High Court's inherent authority. The purpose of this section is to assist the High Court in using its inherent powers in a more fair and rational manner.
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