The process of quashing an FIR is started from the High Court under section 482, Criminal Procedure Code in the jurisdiction where the FIR was filed and the trial is ongoing. In Special Leave Petitions filed under Article 136 of the Constitution of India or Article 142 of the Constitution of India, the Supreme Court has supervisory jurisdiction and can quash FIRs.
The goal of the law is to promote the general welfare of the people by protecting their rights and thus ensuring peace and tranquility. As a result, the provisions of quashing law provision were enacted a long time ago with a set of rights to protect innocent persons from being exploited by such abuses.
The High Court in India has some inherent powers related to quashing like Section 482 enumerates 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 has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person. 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 CrPC. The burden of proof is on the petitioner to prove that he FIR has been lodged only for malicious reasons and to trouble the petitioner.
The Supreme Court Of India in its one of the landmark judgment in Madhu Limaye vs the State of Maharashtra, has laid down some very important principles which modulate the exercise of the powers of Section 482 CrPC by the court:-
1 – The quashing is not to be resorted to if there is a specific provision in code to redress the grievances of the aggrieved party.
2 – The quashing should be exercised sparingly and to ensure the abuse of process of any Court or otherwise to secure ends of justice.
3 – The quashing should not be exercised for quashing against the express bar of the law engrafted in any other provision of the code.
The law said that if someone try to suppress the another then he shall be punished. But there are a number of circumstances in which a person uses these laws which are favoring him to trouble innocent people. For this contradictions, this the legislations have given the powers to the Hon’ble High Court to set aside an FIR if they are satisfied that it was lodged with the only motive to trouble the person and there is no need to continue the legal proceedings against that person.
Aishwarya Says:
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