The registration of an FIR is a first step to bring the criminal laws into motion. The term FIR was nowhere defined in the code of criminal procedure (CrPC) 1973 or Bhartiya Nagrik Suraksha Sanhita (BNSS) 2023. FIR stands for First Information Report. The term FIR in ordinary scenes means a document prepared by police officer under section 154 CrPC (now under section 173 BNSS) when they receive the information regarding the commission of a cognizable offence.

Sometimes FIR was made registered to humiliate, exploits or to take undue advantage from the person against whom it was registered.

Section 482 CrPC (now under section 528 BNSS) provide the inherent power to the High court to have a check on this kinds of act and to prevent the abuse of the process of any court or otherwise to secure the end of justice.

Court competent to quash the FIR

A petition to quash the FIR can be filed before the High court under section 482 CrPC (now under section 528 BNSS). The High court can quash the FIR if the court was satisfied that the FIR lodged was false, malicious or wholly superfluous.

Sometimes through the Special Leave Petition (SLP) under article 136 of the constitution of India even the Supreme court can quash the FIR lodged.

If the High court or the Supreme court as the case may be do not quash the FIR, the parties can move to the trial court for compromise between them if the offence alleged is compoundable offence.

Quashing of FIR after filing of chargesheet

A High court can quash the FIR even after filing of the chargesheet by the prosecution if there is no material evidence collected in an investigation to make out the case alleged against the accused.

Quashing of FIR in matrimonial causes

In today's era there was a much increase in the false cases relating to matrimonial issues. Sometimes wife file a false case of cruelty against her husband and his relatives under section 498-A IPC or section 4 of Dowry Prohibition Act. At a later stage both the parties undergoes a mutual compromise between them, so court at this stage can quash the FIR. For such quashing both the parties must appear before the High court for their physical identification and for recording of their statements.

Quashing of FIR by mutual settlement

An FIR may be quashed by the High court at any stage, when both the parties undergoes a mutual compromise between them, having regard to the fact and circumstances of each case. Quashing of FIR in a heinous crime like rape,dacoity , murder cannot be done based on mutual compromise as this crimes are of very serious nature having a grave consequences upon a society.

Burden of Proof: Burden of proof that the FIR lodged was false, malicious, or wholly superfluous and vague is upon the petitioner or accused.
 

Grounds of Quashing of FIR:

The Supreme Court in State of Haryana and Others v. Chaudhary Bhajanlal and Others laid down various grounds for quashing of FIR:

• Where the allegations made in the FIR or the complaint, even if taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused.
• Where the allegations in the FIR or other material, if any, accompanying the FIR do not disclose a cognizable offence justifying the investigation by a police officer under Section 156(1) of the Code except under an order of a magistrate under Section 155(2) of the Code.
• Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by the police officer without an order of the magistrate as provided in Section 155(2) of the Code.
• Where the allegations made in the FIR or complaint are so absurd and inherently improbable that no prudent person can ever reach the conclusion that there are sufficient grounds for proceeding against the accused.
• Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which the criminal proceeding is instituted) to the institution and continuation of the proceedings and/or where there is a specific provision in the Code or concerned Act providing efficacious redress for the grievance of the aggrieved parties.
• Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudges.

Reference:

1. R V Kelker
2. AIR 1992 SC 604

Written By: Nitish Singh, A Student Of LLB (Hons.) at Banaras Hindu University