quashing is to be done only in exceptional circumstances

2) with draw the petition filed by you under section 482 of Crpc before it is dismissed

In the landmark case State of Haryana v. Bhajan Lal (1992 Supp.(1) SCC 335) a two-judge bench of the Supreme Court of India considered in detail the provisions of section 482 and the power of the high court to quash criminal proceedings or FIR. The Supreme Court summarized the legal position by laying the following guidelines to be followed by high courts in exercise of their inherent powers to quash a criminal complaint:

(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 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 mala fide 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.

HC could have quashed the complaint as it was filed in counter to petition filed by your sister that marriage is nullify

Scope of inquiry under Section 202 was limited to find out whether a case was made out for issue of process...

the magistrate has merely directed inquiry to be conducted and report submitted to court

3) Nature of cases dealt with under Section 202 are cases where material available is not clear to proceed further. The Magistrate is in seisin of the matter having taken the cognizance. He has to decide whether there is ground to proceed further....the police cannot exercise the power of arrest..in case inquiry is ordered under section 202 of cr pc

4) in such a case HC would not quash the complaint . investigations are pending by the police

1.You are innocent does not mean that quashing would be allowed.

2.QUashing would be allowed only in rare case which is apprant fromthe compalint itslef and not form the petition of wuashing.

3.now the court would hear both the parties but I find little chance of allowing the quashing.

It is not understood that how could you conclude that the high court would reject or dismiss the quash petition?

If your advocate has taken another date then wait until the disposal, nothing can be predicted, but your hint about the decision may be right.

My advocate produce One Bhajanlal vs stae of haryana to judge sir......after looking that judge didnot cancel quashing and gave hearing....what it meant.....sir we didnot commit any crime...petioner just lodge false case to harrash us...because already a my sister nullity case is going on family court

The nullity case and the present case sought for quashing is different, you cannot compare that with this to plead the desired relief.

Since your advocate has presented before court a citation in this regard, if it is reliable and relevant to this case too, then the court may consider allowing the petition and may even quash the charge sheet/FIR.

Sir anybody can lodge false case at court without FIR n medical report......oppsite party said that police not report his case saying it is a trival matter....sir is it possible.....summon issue by CJM magistrate.

If the court is convinced by the complaint made before it filed as a private complaint, then it may take the complaint on file and allow the petitioner to prosecute the case on merits.

If the complaint is cognizable and falls within the provisions of law referred therein, the court may be inclined to take the complaint on its file.

1. In quashing the scope of inquiry by the HC is limited to ascertain whether a prima facie case is made out against the petitioner or not. In 482 i.e quashing the HC does not conduct a trial to determine the guilt or innocence of the petitioner, this has to be done by the trial court.

2. If you have not committed the crime that has been alleged against you then apply for discharge, and if the court holds a trial then prove your innocence thereat.

In Bhajanlal vs stae of haryana the supreme court has given 9 guide lines to be followed by the court in order to quash any criminal proceeding.

if there is no firm allegation or informant abusing the process of court then criminal proceeding should be quashed by the court.

anybody can lodge false case at court without FIR n medical report

medical report is not necessary at the time of filing of FIR but afterward under section 161 such evidence is necessary. if investigating officer did not conducted medical examination the investigation became biased therefore it shall be quashed.