Quashing and Cancellation of FIR in India: A Study of Legislative and Judicial Trends

Abstract

Supreme Court and High court of India has power to quash a FIR which is frivolous in nature and there is no need to pursue the case necessarily against the alleged person. The Apex court has to quash a FIR very cautiously and sparingly and has to see many reasons in the case for quashing an FIR. Inherent Powers are in Sec. 482 this section is to prevent abuse of the process of any court or otherwise to secure the ends of justice.

In Nikhil Merchant V. Central Bureau Of Investigation & Anr. the Apex court held that High Court in exercise of its inherent powers can quash criminal proceedings or a FIR or complaint and Section 320 Cr.PC does not limit or affect the power of the High Court under Section 482 of the Code. In Manoj Sharma V. State & Ors. the Apex Court held that Where continuing with the proceeding would be a futility, quashing of FIR should not be refused.

Quashment is also used for the phrase quashing of FIR. In certain cases if court find that it is not necessary to pursue the case further is needed court quash the proceedings and stop the frivolous proceedings. These Powers are imbibed in Section 482 of the code of Criminal Procedure.

Keywords: quashing, cancellation, FIR