How to get a FIR Quashed? | Quashing of FIR under section 482 of CRPC | Monisha Chaudhary скачать в хорошем качестве

How to get a FIR Quashed? | Quashing of FIR under section 482 of CRPC | Monisha Chaudhary

The law is made to protect the safety and security of the citizens and the state and for the interests of the general public. However, in certain circumstances, due to some malicious minds, the law is being used to harass the aggrieved party by the implication of false charges. In order to suppress the other party, fabrication of the complaints has been used as a weapon and many false FIR are lodged. The FIR can be against the individual or Company or its promoters, directors or auditors. Section 482 of #CrPC Act empowers the High Court to protect the interests of both the parties. The power to file a writ petition for the Quashi of FIR is given under Article of 226 of Constitution. The High Court, if it believes, that the FIR has been falsely filed to suppress and with the intention to trouble the aggrieved party, then it can grant Quashi of FIR in such cases. Quashing FIR Quashing of FIR can be filed before the High Court along with all related proceedings. The High Court can grant the quashing of FIR if it is satisfied that the FIR is filed because of the malicious intentions to suppress the aggrieved party and the same is frivolous and bogus. Grounds for #QuashingOfFIR The grounds and conditions for Quashing of FIR as laid down by the Supreme Court are as follow: 1. The FIR is eligible to be quashed if the allegations in the said FIR do not amount to any offence and is taken on entirety on the face value; 2. In case the allegations quoted in the FIR is of improbable nature and so absurd that no man of prudence would do so; 3. In case the allegations made in the FIR and other supporting documents do not amount to any cognizable offence whether being registered by Police under section 156 (1) or being directed by the Magistrate under section 156 (2). 4. In case the allegations constitute a non-cognizable offence and not a cognizable offence, the no investigation can be probed by the police officer without the orders of the Magistrate under section 155(2). 5. In case where the allegations stated in the FIR or compliant do not confirm of any offence committed or displays any case against the accused. 6. Where it has been specifically mentioned in the Code that the accused can apply for Quashi under certain conditions or in some circumstances. The subjective assessment of the Judge would be the final and concluding for quashing of FIR under section 482 of CRPC. There is a need to maintain a balance between powers of the court as implied under section 482 and the facts of the case. Know more visit: https://corpbiz.io/learning/quashing-... Phone:- 9121230280 Email:- info@corpbiz.io Want to know more about #Corpbiz​? Subscribe to our Corpbiz channel to get the latest updates, tips, and help. https://bit.ly/3w7AFJ5 Website: https://corpbiz.io​ Facebook:   / corpbizhq​   Twitter:   / corpbizhq​   Instagram:   / corpbizhq   LinkedIn:   / corpbizhq