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How can you quash or dismiss an FIR due to compromise under Section 482 in West Bengal and Kolkata

Introduction:

We will try to bring out most of the information on “How can you quash or dismiss an FIR due to compromise under Section 482 in West Bengal and Kolkata” and we will also discuss the concept of “Quash and Section 482 of CrPc”. What is quashing according to legal terms? In simple words, quash means to cancel or reject as invalid especially in legal procedures. This word has been used in cases of FIR. A petition can be filed under Section 482 to quash or dismiss an FIR. This section is included under CrPc so that one can file a petition in the High Court to quash or dismiss the FIR. Now, a question arises that when an FIR is registered, it can be quashed or not? The answer to the question is “Yes”, we can quash or dismiss an FIR after registration also. This section aims to protect individuals who actually did not commit any offence but it is lodged just to defame that person or for other reasons. It is found that many people file false cases against a person who is not actually accused of any offence. There are many lawbreakers in the society who sometimes use the law for their benefit. For example, sometimes it is seen that wife files a case under Section 498-A of IPC against the husband and his relatives and later on it is found that the case was falsely registered for some reason. This Section 482 provides an opportunity to the accused person to file a petition in the High Court to quash or dismiss the FIR since the case filed by the party is totally false and it is filed to defame him or to get their demand or satisfaction fulfilled. Now, we try to understand the meaning of Section 482 of CrPc. Section 482 states that “Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” So, perhaps we have understood the importance of this section in quashing an FIR. Let us discuss the concept of the section in more simple ways. What does this section actually trying to convey to us? It is actually saying about the inherent power of the High Court. Let us understand below.

Inherent Power of High Court:

  1. Section 482 says that the High Court has the power to deal with the cases as it thinks fit to make the two ends of justice meet.
  2. This section also provides a remedy to the accused person and the High Court can quash the FIR if it finds that the case filed is a false one and it is filed just to defame the accused or aggrieved person or for other reasons.
  3. If any individual has been accused of non-compoundable offence then he can move to the High Court to file a writ petition under article 226 and relating it with section 482.
  4. The burden of proof lies on the petition and he or she has to prove that FIR has been filed because the accused person created trouble to him and committed a crime.

Stages of Quashing an FIR:

  1. It can be quashed after the registration of the FIR and also during the investigation.
  2. It can be quashed after the investigation and after the charge sheet is filed by the prosecution.
  3. The accused person can move to the court to quash the FIR by demanding that the particulars in the FIR are false and it is inconsistent with the FIR and it will never lead to a conviction. The person should show the proper grounds to quash the FIR and it should be clearly mentioned in the petition.
  4. It can be quashed when the police officer files the charge sheet in the court and the accused person thinks that it is totally false or impossible then he can approach for quashing of the FIR to the High Court.
  5. It can also be quashed on the basis of compromise between the complainant and accused person. Sometimes the case is discussed and solved outside the court.

Documents required for Quashing FIR:

  1. Certified copy of FIR
  2. Typed set which contains the relevant documents specified in the quashing petition
  3. Memo of Appearance
  4. Court fees

Supreme Court Summarised the Principles in Relation to Section 482 for Quashing FIRs:

  1. Section 482 maintains the inherent powers of the High Court to prevent the abuse of the process of any court and to fix the ends of the justice and it only maintains and recognises the powers of High Court.
  2. The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
  3. Informing an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;
  4. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised;
    1. to secure the ends of justice or
    1. to prevent abuse of the process of any court;
  5. The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated; 
  6. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact on society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;
  7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;
  8. Criminal cases involving offences which arise from a commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;
  9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and
  10. There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.

These principles were discussed in the case ofParbatbhai Aahir & Ors. Vs. State of Gujarat & Anr. (Criminal Appeal No. 1723 of 2017).

Case Analysis:

“B.S. Joshi Vs. State of Haryana 2003 (4) SCC 675”

In this case, the Supreme Court has explained and justified the inherent powers which are given under Section 482 to quash the proceedings in cases of matrimonial to fix the ends of the justice in view of the special facts of the case even when the case was non-compoundable offence as it is alleged in here.

“Geeta Mehrotra Vs. State of Uttar Pradesh, 17th Oct 2012”:

In this case, the Supreme Court held that making general allegations against the husband and having no conclusive proofs to prove the allegations put against him is good enough to quash the criminal case under Section 498-A of the Indian Penal Code.

Santosh Kumar Dwivedi & Ors vs The State Of West Bengal & Ors on 4 July 2019 Calcutta High Court (Appellate Side)

The charge sheet was produced before the court against the accused person and this charge sheet mentions the allegations against him under Indian Penal Code. He was alleged under Sections 406, 409, 420 and 120B of the I.P.C and 3(1) (a) of the West Bengal Protection of Interest of Depositors of Financial Establishment Act, 2013. The court here said that it cannot be considered that the continuance of criminal proceedings pending against the petitioners would lead to abuse of the process of any court and the court mentioned that it would be not fit for them to use discretion in this case under section 486 of CrPc.

Conclusion:

This article provides all the necessary steps to quash an FIR. We have earlier discussed that there are lawbreakers who intentionally lodge a false FIR against a person to defame him or to give him trouble. So, section 482 provides protection to these people to quash such false FIR instituted against them and to deal with these cases you need a well trained lawyer so that he or she can put forward the proper grounds for quashing an FIR in the High Court. You should seek professional legal help for any legal procedures due to the high stakes and risks involved. For professional legal help, contact chenoyceil@gmail.com, leave a comment below or contact here.

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