• FIR under section 34 for a co-accused in a 420, 467, 471 case

An FIR was filed as above in Pune & Anticipatory Bail granted to the co-accused after arguments. Can the FIR be quashed? If so what are the requirements to be met? 
Can the Police IO now issue a Closure Report? Under what conditions?
If he does that what are next steps?
But if he refuses to issue a Closure Report & insists on filing a Charge-sheet what recourse is available?
Asked 8 years ago in Criminal Law
Religion: Other

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10 Answers

You can challenge the petition in the high court under article 226.

If the IO will not find sufficient case to proceed then he will file the closure report otherwise chargesheet will be filed under section 173(2) of Cr. P.C.

You can also file a petition for quashing the chargesheet later under section 482.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes, the FIR can be quashed, however the same is very rare. For seeking quashment of the FIR file a petition in the High Court under Art. 226. Yes, he may definitely file a closure report depending upon the conclusion to which he reaches the end of his investigation. The condition is that his investigation should suggest that no cognizable offence is made out against you. If closure report is filed, you go scot free; unless the other party files a protest. If the charge sheet is filed, assail it in the High Court in a section 482 CRPC petition.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

There is no need for IO to contact you before lodging an FIR. It can be quashed on the ground that it has been filed belatedly as an afterthought.

Here are the conditions under which an FIR can be quashed:

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 Sec.156(1) of the Code except under an order of a Magistrate within the purview of Sec.155(2) of the Code.

3 Where the uncontroverted 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 Sec. 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.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) only in exceptional circumstances can FIR be quashed

2) wait for filing of charge sheet or closure report

3) after filing of charge sheet based on legal advice file for quashing in HC

4) if closure report is issued magistrate can accept or reject the closure report .direct further investigations

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

FIR can be filed after period of 9 years if the fraud was discovered recently

2) police ought to issue notice to the accused record their statements . conduct investigations and file charge sheet or closure report

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Can the FIR be quashed?

Yes, according to judgment of supreme court of India in state of Haryana vs bhajanlal, an FIR may be quashed by the high court if

1. FIR contains bald, vague and false allegation.

2. when general allegation has been made.

3. when no credible evidence is brought on FIR

4. FIR lacks supportive evidence.

5. if there is enmity between informant and accused.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

The above said FIR can be quashed by the high court under its discretionary power ... But it can only be quashed if the Complainat wants to compromise or IO finds out that no offence is made out...getting bail does not mean that offence is not made out against ci- accused.. He still has to face the trial..after filing of charge- sheet the trial will commence...the FIR can be filed after any fraud is find out irrespective of the time period.. However, without contacting accused or without proper investigation means biased course for the accused..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. FIR can be quashed only by the High Court if the accused can prove that no prima facie case is made out against him. Mere grant of AB does not in any manner imply that the FIR will be quashed by the HC or that IO will file a closure report. There is no nexus between AB and merits of the case.

2. Where the maximum sentence is more than 3 years there is no limitation for the court to take cognizance.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The quash if FIR is not allowed by high courts as routine until and unless there are extra ordinary circumstances, however ther is nothing wrong in applying for it, but it may involve costs.

The police, if, after investigation finds the complaint is false and there are no evidences to substantiate the complaint allegations, then it may file a report recommending with a request to refer the charge sheet for closure.

If the police refers the closure then the court may send a notice to the defacto complainant to hear them and their objections if any, after which it may decide based on the merits.

If the police refuse to file a closure report, you cannot compel them, you have face the case in trials proceedings accordingly.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Is it valid for an FIR to be filed 9 years after the purchase of the plot without the IO even contacting the co-accused to ascertain the true facts or after recording his statement?

It will depend on the nature of complaint, offence and the investigation made by the IO (most of the time it will be done under pressure or due to passing of consideration)

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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