Hello,
no at this stage petition for quashing of the FIR can not be filed. I understand, it is hard to get FIR quashed from higher courts.
regards
Respected Counsel Sirs I request an urgent help on humanitarian ground kindly suggest me. Its case of 498A Police has filed the charge sheet against me on different materials means the facts as mentioned therein in FIR is not existing. I had gone for revision but dismissed. Then preferred quashing of charges against me U/s 482 Cr.P.C Delhi HC dismissed with unseasoned order. Then preferred the SLP SCI also dismissed stating that we are not inclined to interfere at this stage. Please note that i had asked quashing of charges against me in DHC and in SC. Partially chief has completed and matter is at the stage of trial. I am not abstaining myself from trial. But, now at this stage, can i prefer another 482 in DHC seeking quashing of FIR on the basis of materials brought on record after investigation? whereas my quashing of charges U/s 482 has already been dismissed. Kindly suggest me
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Hello,
no at this stage petition for quashing of the FIR can not be filed. I understand, it is hard to get FIR quashed from higher courts.
regards
Do note that quashing is rarely allowed and the limited scope of high court to invoke this jurisdiction only if on bare perusal of the complaint no cognizable offence is disclosed or plausible.
Finding out the truth or falsity of allegations , even if there is documentary evidence in support thereof is not the job of the high court while deciding quashing petition.
No second quashing petition is permissible.
Do not waste time on quashing. Rather obtain speedy trial order from high court and get acquitted out of it.
Dear.Sir, the query raised by you also raises an important question; whether section 482 can be filed for quashing or FIR when you had already gone under 482 once against charges.
Kindly note that the matter is at advanced stage and chief has been completed. The court will still not interfere in your 482 for quashing of FIR. It is advisable instead to do the trial properly with all the important evidence and material to be placed on record. So that it helps you further
don’t file another petition for quashing of FIr
2) better option is to prove your innocence before trial court
3) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
An application for quashing of the chargesheet should be filed in the HC of Delhi. Yes it can be filed at this stage. The slp was dismissed summarily without going into the merits of the case. Th erefore act accordingly.
Regards
See since till SC quashing is not allowed it is advisable to complete the trail at this stage because going back to quashing there are chances the high may make some adverse orders and which can effect us.
First of all tell me, which quack is advising you all along? You don't go to the HC or SC seeking quashing of chargsheet, unless there's miscarriage of justice. You have to plead quashing and discharge in the trial court itself
Quashing 498a happens in very rare occasions may be 5% cases are eligible for quash 498a. Better contest the case on merits
yes you can go for quashing again only if there is a very good ground for quashing the same otherwise court will direct you to face the trial. you should have gone for discharge before trial court after filing pf charge sheet
The law is clear that the inherent power cannot be exercised for doing that which cannot be done on account of the bar under other provisions of the Code. The court is not empowered to review its own decision under the purported exercise of inherent power. So, another petition under section 482 of CrPC cannot be filed in Delhi High court.
You should try to prove your Innocence in the trial itself.
don't insist upon quashing,
if you think and have proofs to go for quashing, better to prove the case and got acquittal,
you can't file quashing at present stage,
concentrate on your trial and prove yourself innocent
Dear Sir,
You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt
The Supreme Court has held that High Court’s power under Section 482 of Code of Criminal Procedure, 1973 can be exercised to quash an FIR even after the filing of a charge sheet.
Petition For Quashing FIR Can Be Entertained Even If Chargesheet Is Filed During Its Pendency: SC
‘It would be a travesty to hold that proceedings initiated against a person can be interfered with at the stage of FIR but not if it has advanced, and the allegations have materialized into a charge sheet.’ The Supreme Court has held that high courts could entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition.
The bench comprising Justice SA Bobde and Justice L Nageswara Rao was considering an appeal against Delhi High Court judgment that had refused to quash the FIR filed against Anand Kumar Mohatta. During the pendency of the appeal before the apex court, charge sheet was filed and Mohatta had also filed an application seeking an amendment to the main prayer in the appeal incorporating the prayer to quash charge sheet.
The bench first dealt with the contention of the complainant that the petition for quashing of FIR was untenable since the proceedings have gone past the stage of FIR and have resulted in a charge sheet. Referring to Section 482 of the CrPC, the bench said: “There is nothing in the words of this Section which restricts the exercise of the power of the Court to prevent the abuse of process of court or miscarriage of justice only to the stage of the FIR. It is settled principle of law that the High court can exercise jurisdiction under Section 482 of Cr.P.C even when the discharge application is pending 2 (2011) 7 SCC 59 7 with the trial court. Indeed, it would be a travesty to hold that proceedings initiated against a person can be interfered with at the stage of FIR but not if it has advanced, and the allegations have materialized into a charge sheet. On the contrary it could be said that the abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge sheet after investigation. The power is undoubtedly conferred to prevent abuse of process of power of any court.” The bench also reproduced the observations made in Joseph Salvaraj A. v. State of Gujarat, in this regard. Examining the complaint and charges against Mohatta, the bench observed that the dispute has the contours of a dispute of civil nature and does not constitute a criminal offence. “We are of the view that assuming that there is a security deposit of Rs. One Crore and that he has misappropriated the dispute between the two parties can only be a civil dispute,” the bench said. “We find it strange that the complainant has not made any attempt for the recovery of the money of Rs. One Crore except by filing this criminal complaint. This action appears to be mala fide and unsustainable,” the bench said holding that prosecution is mala fide, untenable and solely intended to harass Mohatta. The court then quashed the FIR and the charge sheet.
Your 482 already dismissed by HC, certainly the taken by you at that time were from investigation. Now court will not interfere in trial until you have clear evidence of your innocence.
Have you taken those materials in FIR quash petition ?
1. You can not file an application on the self same cause.
2. The cause shall have to be different for seeking remedial intervention from the High Court.
The high court has already dismissed your petition seeking quash of FIR then how can you once again knock the doors with the same kind of petition even though you have some subsequent developments in the case, your case may not be entertained, hence better dont waste your time, you could have approached court to quash charge sheet instead of FIR at the time when the charge sheet was submitted before trial court.
Better challenge the same in the trial court itself after which you can file an appeal if aggrieved by the judgment.
No at this stage it is not prefered fir you to go for quashing under sec 482 CrPC as it will benefit you if there is compromise between you and you both give combined statement about compromise or her statements are took week to support her prosecution case.