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Difference between Quashing Charge Sheet and Quashing FIR Difference between Quashing Charge Sheet and Quashing FIR

Bronze medal Reporter Adv Sanu Posted 30 Nov 2019 Read More News and Blogs
Difference between Quashing Charge Sheet and Quashing FIR

For quashing charge sheet and FIR an accused person can pray for quashing of the FIR or Charge sheet filed against him/her before the Hon'ble State High Court under section 482 of the Cr.P.C which gives inherent powers to the Court.

For the quashing of the FIR, you will have to record your appeal in the High Court which has forces to suppress the FIR under section 482 of the CrPC. Normally you should draw in a generally excellent and senior Lawyer to speak to your case. He will draft the Petition with facts and conditions, in increases to confirm you produce, of the case that has substance and grounds to reason that the FIR doesn't stand the trial of Section 154 CrPC and has the right to be dismissed for example quashed.

FIR quashing can be done by filing a petition under Section 482 of CrPC. The said provisions related to FIR quashing read as under:

“Saving of inherent powers of High Court Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”FIR can be filed with the help of criminal lawyers Delhi.

For the quashing charge sheet and FIR, the following documents must be required…

To quash the FIR:-

1. Certified copy of FIR

2. Typed set containing relevant documents mentioned in Quash petition including a clean copy of FIR 3. Memo of Appearance

4. Court fees.

To quash the Charge Sheet:-

1. Copy of Summons

2. Certified Copy of Final Report /Charge Sheet

3. Memo of Appearance

4. Court fees.

5. Typed Set containing relevant documents mentioned in Quash Petition including a clean copy of FIR,     Charge Sheet and statements recorded u/s.161(3) of Cr.P.C.

Charge Sheet or FIR can be suppressed if there should arise an occurrence of any specialized paradox either in the FIR or in the investigation report of the Police. Subduing of charge sheet and Quashing of FIR have same impact i.e., invalidating the criminal body of evidence against you however quashing of charge sheet is positively better as that would mean you have stood by quietly posting the FIR and after the Police examination is over you have tested even the Police Investigation on some solid grounds. When the charge sheet is suppressed against you which means even the Investigation by Police demonstrated that you were blameless. After examination finishes and all material is gathered still if the case doesn't motivate certainty or no case is made out then you have every one of the grounds to suppress the charge sheet. 

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