I have one question for you is false FIR can be quashed?. Quash FIR is today’s topic. I will give you the answer to this question in detail. But before this I explain to you the answer to this question, I will explain to you that What is False FIR?
What is False FIR?
So firstly, to implicate a person in a legal trap, a false FIR has been registered against him. Many times it is seen that there is enmity between two families in property matters and because they are members of the family, they know the names and ages of those family members, so many times it has been seen that false fir Due to enmity in property matters, due to which there is bitterness towards each other, because of that, each other family gets a false case registered against the member of the other family. Many times it has been seen in domestic cases that many times such complaints are lodged that cases of domestic violence are registered. Like the Husband did cruelty with the wife or there is a quarrel between Mother-in-law and the daughter-in-law. And there are domestic violence complaints filed in India. Then many times women lodged a false FIR of domestic violence and wrote the Move to Trash names of all family members of her In-Laws. Many times due to the connivance of the Police and the person who registered that FIR, it has also been seen that the FIR has been registered and it is a false FIR. In many cases, it happens that due to false FIR, the common person gets trapped in the legal trap, and even if he is acquitted from this trap after a few days and even if he is exempted from the law, then his social prestige completely ruined.
So in such cases, the remedy is available to the person to file an application under Section 482 of The Code of Criminal Procedure directly in the High Court for quashing of the FIR. And for this, he can take the help of any lawyer who will help you and who will give you information about how to file an application in the High Court. FIR How to file an application to get the FIR quashed in the High Court.
What things can be helpful for quashing the FIR?
So now comes the point that FIR What things can be helpful for quashing the FIR? So if you have any documentary evidence then you can find it very helpful. Meaning if you have any documentary evidence If you have any call recording or any such evidence to prove that you are not present at that place on the day of the incident. where this incident took place.
Means like this fire is registered on a person named A that 5 people together killed a person and in which this is the fifth person against whom false FIR was filed (A). So we can say that if a person named A was not at the scene of the incident on that day where the murder took place as if he was on job or he was with a friend.
So if he is on a job somewhere, then there will be his attendance or if he was somewhere else, then camera recording will be there. And if person A was out of the city and traveling somewhere then person A will have a travel ticket and if Person A was out of the city then he must have stayed in a hotel then the CCTV camera there or he will have a booking history. Any such document which he will place before the High Court and prove to the High Court that he is innocent
And you should tell the High Court how an attempt is being made to implicate you and if an FIR is being lodged to trap you in a false case, then what can be the reason behind it and after knowing these things, the Honourable High Court has the right to quash FIR.
Here once more you should know that if your filing petition is pending in the High Court, means that the one who has filed the quash petition, could not torture him in any way. Meaning, as long as the case of every such petitioner is pending in the High Court, then the petitioner who has filed the petition of FIR quash in the High Court, the police will not bother him in relation to this case. Even if a warrant is issued against such a person by the trial court, then also the police can not arrest the petitioner who has filed an FIR quash petition in the Honourable High Court. And in this regard, the High Court can give some more prescribed orders to the concerned officer regarding not to harass the petitioner. So that the person against whom the false was filed, should not have to face any kind of trouble. And that person should not face any kind of problem.
Here is one more thing and you should know that Section 482 of CRPC, was conceptualized by the Supreme Court in State of Karnataka VS. L.MuniSwamy & Others, 1977. Supreme Court, in this case, clearly stated that section 482 envisages only three situations.
1. To give effect to any order under Cr.P.C.
2. To prevent abuse of the process of any court.
3. To secure the ends of Justice.
And under this section, the High Court, which has inherited power, has the right to quash any such false FIR.So if there is any false against someone then that person need not panic at all. All he has to do is collect all the evidence of his innocence. And as much as possible, he should have to collect documentary evidence to prove his innocence. The document will be an audio recording, will be video recording, will be attendance registered, will be the ticket, or any other important thing which will prove your innocence. Documents that prove that you were not at the scene on that day. It is not your hand anywhere in the incident recorded in the FIR or in the crime.