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.”
To quash the FIR:-
1. Certified copy of FIR
2. Typed set containing relevant documents mentioned in Quash petition including clean copy of FIR
3. Memo of Appearance
4. Court fees.
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.
The most comprehensive law on the point of FIR quashing was laid down by the Supreme Court in State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November 1990 reported in 1992 AIR 604, 1990 SCR Supl. (3) 259 which laid down various conditions under which FIR quashing can be done by the High Court. The most important case which can be referred in this regard is Narinder Singh v. the State of Punjab (2014) 6 SCC 466 which established the following broad and specific parameters:
i) FIR quashing can be done to prevent abuse of the process of the court.
ii) To secure the ends of justice FIR quashing can be done by High Court.
iii) Rules governing the petitions which pray for quashing of criminal proceedings.
FIR quashing is the sole force of High Court subsequently for FIR suppress a request is to be recorded under the watchful eye of the High Court by drawing in a decent criminal legal advisor for High Court who can see every one of the issues emerging and make essential strides for its security. You can consult lawyers in India for more information.
Note:- We try our level best to avoid any kind of abusive content posted by users. Kindly report to us if you notice any, [email protected]