Quashment Of FIR.
FIR or complaints having false and friviolous facts simply means making false allegations with malicious intention by lodging FIR or complaints based on falsifying the facts and fabricating the circumstances in order to persecute the other person.
Sections 561-A, 249-A, And 265-K, Cr.P.C.
Inherent powers of High Court are very wide and undefinable. High Court can make all such orders which may do real and substantial justice. (SC) 1969 P.Cr.LJ Shahkot Bus Service.
Lodging of FIR:
1-Lodging of First before police under section 154 of The Code of Criminal Procedure, 1898 .
2-Complaint made before superintendent of police under section 154(3) CrPC.
3-Cognizance of offence by magistrate under section 190 CrPC.
4-Private complaint made before Magistrate under section 200 crpc.
Grounds for Quashing FIR,
1-The allegations Levelled in the first information report does not prima facie constitute any offence or make out a case against the accused.
2-The FIR or complaint are so absurd and inherently improbable.
3-The first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence.
4-The evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
5-An express legal bar exists in the code or the concerned Act- providing efficacious redress for the grievance of the aggrieved party.
6-Criminal proceeding is disclosing mala fide, maliciously instituted with an ulterior motive,
7-The exercise of powers by the High Court under Section 482 CrPC for quashing is based purely on the subjective assessment of the judge. He has to strike a balance between the powers of the courts CrPC and the facts of the case.
(8)No offense is made out from contents of FIR,
(9) Malafides of complainant is patent on the face of the record,
(10) It converts a pure civil liability into criminal liability.
Quashment principles.
1= Offence is not made out by examining a complaint without any extraneous material.
2-If the prosecution was launched for improper motives merely to harass the accused .
2-Its pendency would be an abuse of the process of the Court .
3-Other Facts impel the Court to conclude that it would not be in the ends of justice to allow the prosecution to continue.1981 SCMR 315. Naseem Beg v. Muhammad Iqbal etc.
4-Quashment is voice of the Law when no other procedure for redress is available.
5-Power under Section 561-A is neither alternative nor additonal;
6-Inherent Power is to be invoked only in the interest of justice for redress of grievance having no other procedure. The provision is not to be used to divert the ordinary course of criminal procedure. (SC) PLD 1976 SC 461. Khaja Fazal Karim.
7-Normally every case should be allowed to proceed according to law, otherwise it would tend to circumvent the process of law. 1996 SCMR 839, Sheikh Masood Saeed v. Amir Nawaz Khan.
8-Quashment of proceedings u/S. 561-A Cr.P.C. the Application is liable to be rejected when it is made before the facts and circumstances of the case are revealed during the trial.
9-Quashing of proceeding not maintainable where remedy under Section 435 or 439, Cr.P.C. is available. (SC) 1968 SCMR 62. Sher Khan. (SC) PLD 1967 SC 317, Ghulam Muhammad v. Muzammal.
10-U/S. 561-A, Cr.P.C. High Court is competent to quash proceedings even at the stage when challan has not yet reached Court and is under scrutiny with the prosecution branch. 1990 P.Cr.LJ 798. Falak Naz.
Quashment of FIR after submission of challan.
The High Court has the power to quash an FIR even after filing of Charge Sheet by the prosecution. The parties can also reach a modus vivendi.
Quashing of FIR on the basis of Compromise
The FIR an be quashed on the basis of compromise at any stage by the High Court. The complainant and accused can enter into a compromise. Both the parties can file a joint petition
Quashing of FIR in Financial Disputes
Quashing the FIR is the obvious recourse when the financial dispute is settled after the parties come to terms.
Remedies for the Accused.
1-Filling a complaint under section 182 PPC
2-A private complaint under section 200 CrPC.
3. A complaint against him under section 211 PPC, whereby the complainant who made false allegations and lodged fabricated FIR shall be punished with imprisonment .
4.May file Complaint before the Court for compensation under section 250 CrPC for accusation without reasonable cause the provisions of this section shall apply to summons and warrant cases also.
Alternative Remedies…….(2006 S.C.M.R. 276)
Where the charge was framed or after the evidence had been recorded. There were also alternative remedies available under the CrPC sec.265K and 249-A before the concernedcourt.
Misuse of the process of law
(PLD 2009 S.C. 102)
where the Supreme Court held that once an FIR was registered, the superior courts had a set precedent of refraining from direct interference with police investigations in criminal cases as this may be prejudicial to the accused and to the fairness of the proceedings, along with being outside the jurisdiction of the court. The only reasons permitting such an action would if be the FIR’s registration appeared to be a misuse of the process of law or without any legal justification.
Extraordinary Remedy.
(PLD 2006 S.C. 598)
The judge also noted that according to the Supreme Court in Muhammad Mansha. Vs. Station House Officer, P.S. City, Chiniot, etc.” (PLD 2006 S.C. 598) quashing an FIR by resorting to art.199 of the Constitution was an extraordinary remedy which could be invoked only in exceptional circumstances which had not been provided by the petitioner.
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