FIR Quash

In Devendra & Ors. vs. State of U.P. & Anr. [2009 (7) SCALE 613],it has been held:“26. There is no dispute with regard to theaforementioned propositions of law. However, itis now well-settled that the High Court ordinarilywould exercise its jurisdiction under Section 482of the Code of Criminal Procedure if theallegations made in the First Information Report,even if given face value and taken to be correct intheir entirety, do not make out any offence. Whenthe allegations made in the First InformationReport or the evidences collected duringinvestigation do not satisfy the ingredients of anoffence, the superior courts would not encourageharassment of a person in a criminal court fornothing.” … [Read more...] about Grounds for FIR Quash – 2

Grounds for quash for FIR are given from a Supreme Court judgment below:----------------------------------------------------------------The jurisdiction of the High Court to quash an order of summoningand/or a criminal proceeding as also this Court are well known. The partieshave relied upon the decisions of this Court in State of Haryana vs. BhajanLal [1992 (Supp.) 1 SCC 335]. We may notice the categories 1, 3, 5 and 7mentioned in Para 102 of the said decision, which are as under:“(1) Where the allegations made in the firstinformation report or the complaint, even if theyare taken at their face value and accepted in theirentirety do not prima facie constitute any offenceor make out a case against the accused.xxx xxx xxx(3) Where the uncontroverted allegations madein … [Read more...] about Grounds for FIR Quash – 1