Quashing of FIR and Charge Sheet.

The Court elaborated the scope of S.320 of the Criminal Procedure Code which allows the compounding of offences as follows; “There are cases where the power of the High Court under Section 482 of the Criminal Procedure Code to quash the proceedings .

“There are cases where the power of the High Court under Section 482 of the Criminal Procedure Code to quash the proceedings in those offences which are un-compoundable has been recognized. 
The only difference is that under Section 320(1) of the Code...

U may see State of Haryana and Ors. v. Chaudhary Bhajan Lal and Ors. by Supreme Court of India. Para 107 of the Judgement U find :

1. Where the allegations made in the First Information Report or the complaint, even if they are 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.

 2. Where the allegations in the First Information Report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

 3. Where the uncontroverter allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

4. Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

 5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

 6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

7. Where a criminal proceeding is manifestly attended with malafide 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 grudge.



1 comment:

  1. In a criminal case (State v/s --) where the charges (u/sec. 301,394,411 IPC) have not been framed yet, can an application for discharge u/sec.227 CrPC be given in the court on the next date? Is it possible to ask the court to remove only one section i.e. 411 IPC on the basis of evidence? It's a case against Unknown in FIR and also a circumstantial evidence case and there is no direct evidence on record that anyone has seen the accused going inside or coming outside of the house of murdered, or has seen accused committing the murder crime or in the murdered's company on that day. Any cctv footage or any electronic evidence is also not there. The recovery of 1.5 lacs rupees inr and weapon of assault hammer (with blood traces but without finger prints) is shown to be recovered from his house and a gold necklace & pearl mala are shown to be recovered allegedly from railway station dustbin allegedly after 36 hours of putting it there. In those 36 hours that same dustbin was cleaned 5 times by the government railway contractor. This is mentioned in two replies of RTI (from Indian Railways in writing) which ware asked. The accused is from a rich family and was pursuing his BALLB (2nd Year).

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