SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties

How to Close FIR

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SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties

If the settlement is reached between the parties then there are set procedures and provisions of law to be kept in mind to file as per quashing of fir guidelines issued by Hon’b;e Supreme Court’s bench in the year 2017

1.     quashing of fir guidelines

-        grounds of settlement to be taken into consideration

-        compromise between varying couple vis-à-vis 498a compromise agreement or the MOU signed by both the parties with supporting affidavit need to be submitted at the high court

2.     SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of

Settlement Between Parties

-        Justices of the Supreme Court i.e., Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud passed judgment as per which appellant’s plea may be taken into consideration

-        Amicable settlement to be the biggest point of law

-        No new powers to high court given, only existing inherent powers of high court shall prevail

3.     Can session court quash FIR?

-        Session court can not quash as it does not have the power in respect thereof

-        Jurisdiction versus non jurisdiction based compounding of a criminal offence

-        Sec-320 governs the inherent powers of the high court

4.     What is quashing of case?

-        Even in non compoundable cases, the 482 crpc may be attracted if the parties have reached settlement

-        Ends of justice must have reached in that settlement and such compromise may not amongst criminals helping each other

5.     Can FIR be quashed before chargesheet?

-        Even after the CS the FIR may be quashed but this needs to prevent an abuse of the court

-        Offender and victim must have settled the dispute and this may be supported and presentation before magistrate or justice

-        Exhaustive elaboration of principles may not be possible and so these may depend upon case to case

6.     How can FIR be withdrawn?

-        No FIR may be withdrawn directly but c report is a route

-        Similarly, nature and gravity of offence need to be weighed by the judge before allowing quashing

-        Public interest in punishing serious offences may be analyzed and such cases may not allow plea bargaining

7.     quashing of fir on the basis of compromise

-        compromise allows the parties to reach the high court for quashing

-        affidavit by both parties and the compromise agreement needs to be put on record of high court

-        compromise deed certified copy may be taken by both parties to ensure other party does not deviate

8.     quashing of fir meaning

-        it means to close or cancel or end the proceedings

-        usually refers to closing/ quashing of FIR or Charge Sheet

-        in reality however, each order of a court can be challenged

9.     quashing of fir after chargesheet

-        after chargesheet quashing means to quash the chargesheet if charges not yet framed

-        if charges also framed then the quash means quashing of the charges framed by the court

-        charges are framed by the court and chargesheet is submitted by the police

-        section 482 criminal procedure code refers the procedure and powers of quashing

10. quashing of fir petition format

-        quashing fir petition format is not same for everyone

-        different facts and allegations require different language for quashing or challenging of each such falsity and wrongness

-        sample quash petition may be downloaded

11. quashing of fir before charge sheet

-        before charge sheet quashing means only quash of FIR

-        even if police submits the CS after filing of quash of FIR by the complainant then also the high court may proceed with quashing of FIR and CS may remain irrelevant in those cases

12. what are the conditions under which an fir can be quashed

-        fir may be quashed as per grounds

-        condition for quash may be vagueness

-        no prima facie case made out may be reason for quash

-        undated allegations in FIR/ CS may be reason for quashing

13. quashing of fir case laws

-        case laws for quash may suggest after thoughts and vagueness of FIR

-        if the investigation done is false then quash may be done as per case laws for quashing

14. quashing of fir under section 498a

-        u/s 498a ipc FIR if the undated allegations are not grave and dowry is not proved

-        if the prima facie no case is made out then also quashing of 498a may be allowed

Therefore, it can be seen that the FIR is a legal document and the guidelines of the Supreme Court need to be followed but if the matter is required to be closed or cancelled by the accused based on falsity or based on counter evidences etc then it is suggested to file a LTR immediately. Further, for the benefit of men there may be many men rights activists or men rights organizations may be active to help pacify the men but the pacification or sympathy is NOT what a man/ husband looks for when false cases are filed on him. Hence, government of India needs to start a men cell india which may suggest the real fighting tactics to the men vis-a-vis counter/s and/ or challenge/s to close a false CAW or a FALSE FIR against a man/ boy/ husband/ celebrity, hence in all over India the government of India needs to start a Men Cell in Delhi type cells for men which must be registered by government of India to help boys/ husbands/ men from false cases and atrocities by disgruntled women/ wives/ girls and by the police respectively.

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