Grounds for quash for FIR are given from a Supreme Court judgment below:
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The jurisdiction of the High Court to quash an order of summoning
and/or a criminal proceeding as also this Court are well known. The parties
have relied upon the decisions of this Court in State of Haryana vs. Bhajan
Lal [1992 (Supp.) 1 SCC 335]. We may notice the categories 1, 3, 5 and 7
mentioned in Para 102 of the said decision, which are as under:
“(1) Where the allegations made in the first
information report or the complaint, even if they
are taken at their face value and accepted in their
entirety do not prima facie constitute any offence
or make out a case against the accused.
xxx xxx xxx
(3) Where the uncontroverted allegations made
in the FIR or complaint and the evidence collected
in support of the same do not disclose the
commission of any offence and make out a case
against the accused.
xxx xxx xxx
(5) Where the allegations made in the FIR or
complaint are so absurd and inherently improbable
on the basis of which no prudent person can ever
reach a just conclusion that there is sufficient
ground for proceeding against the accused.
xxx xxx xxx
(7) Where a criminal proceeding is manifestly
attended with mala fide and/or where the
proceeding is maliciously instituted with an
ulterior motive for wreaking vengeance on the
accused and with a view to spite him due to private
and personal grudge.”
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