1) quashing is to be done only in exceptional circumstances

2) if allegations made in FIR di not disclose commission of offence FIR can be quashed

3) mere delay in filing charge sheet is not ground for quashing

Hello,

If the charge sheet has not been filed since last 2 years, then you may prefer a writ petition for getting the FIR quashed, but the same will not be quashed on this ground alone. You will have to substantiate the same by saying and showing that the FIR has been filed on false, frivolous and vexatious grounds.

Also, please consult a local lawyer to know that what kind of orders are being passed by the present bench who is taking the matter of FIR quashing. Also the court may pass appropriate order for expediting the process and completing the investigation within specified time.

Regards

Well, without seeing the contents of the FIR it is difficult to comment on the outcome of quashing petition,if filed.

Allowing prayer for quashing is an exception and not rule.

Cushing is allowed if prima facie perusal of complaint makes the offence highly improbable, malae fide or based on impossible facts.

So to make further comment on this the complaint needs to be seen first.

You may take your chance by way of filing a criminal writ petition seeking quashment of the FIR and stay of proceedings.

If in the meanwhile the chargesheet is filed, approach the High Court by way of filing a 482 crpc petition.

This is the only course open for you.

Best,

Hi, the FIR can be quashed under section 482 Crpc by high court.. If the court is satisfied that there is no offence that is made out , it may on its discretion can quash he FIR

Hi

1) In order to get the FIR quashed u/s 482 of Cr.P.C, delay in filing the charge sheet can be one ground for requesting for quash of FIR.

2) Section 167 of Cr.P.C mandates filing of charge sheet within 90 days from the date of offence. Many a times police do get permission from court to file charge sheet within 6 months from the date of offence.

3) However it is surprising that a charge sheet has not been filed despite passage of 2 years from the date of FIR which means you have a strong case for filing a quash petition u/s 482 of cr.p.c.

4) However delay in filing of charge sheet alone cannot be grounds for filing a quash petition u/s 482 of Cr.p.c

5) High court will generally quash the petition if in addition to delay in filing charge sheet the following points are also in your favour.

a) where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused;

b) where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused;

(c) where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having been based either on no evidence or on materials which are wholly irrelevant or inadmissible; and

(d) where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent authority and the like.

Hope this information is useful.

You have enough ground to quash this legal processing. The Supreme Court of India  has held in bhajan Lal vs State of Haryana that inordinate delay in filing of chargesheet itching round of quashing of criminal proceeding. You should file a petition before the high court under section 482 of the code of criminal procedure for quashing of this criminal proceeding. Inordinate delay in filing of chargesheet is a fit ground for quashing of proceeding.

If you have evidence to prove before the High Court that no offence of cheating is made out against you then High Court and quash this legal proceeding.

1. UNless the FIR and other material collected by police is perused threadbare it is not possible to state whether it is a good case to apply for quashing. The scope of quashing petition is very narrow.

2. Delay in the filing of the chargesheet is not a ground to quash the FIR altogether.

Since it is delayed inordinately, you may approach high court with a petition seeking to quash the same by filing a petition under section 482 cr.p.c.

You have chances to get your petition allowed if you fight it out on merits.