Quashing of FIR, Criminal Complaint, Summoning Order
Hon’ble Supreme Court of India has enumerated in a case “State of Haryana and Ors. Vs. Chaudhary Bhajan Lal and Ors that FIR can be quashed on the following facts if established
- 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.
- Where the allegations in the First Information Report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
- Where the uncontroverter 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.
- Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
- 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.
- Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
- Where a criminal proceeding is manifestly attended with malafide 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.
When an FIR gets registered, police starts further investigation of the case and call the accused to join the investigation, then trial of the case begin before the concerned Court which may take long time in final adjudication and accused have to face the trial whether he/she is innocent and falsly implicated in the FIR. If a criminal complaint is directly filed in the Court by individual then accused has not seek bail and face the trial in the same way as in FIR case. In both the case, the accused can be declared as Proclamation Offender if he/she does not appear or comply with the Court order. So when the FIR registered or Criminal Complaint filed in the Court then the parties do not have left control in the procceding in such case except to move a Higher Court for quashing the FIR/Summoning Order against him/her, if feel aggrieved with proceeding of in FIR or Criminal Complaint Case
The lawyers at NRI Law Offices are very much acquainted with the case laws and recent judgment of Hon’ble Supreme Court of India as well as Hon’ble High Courts in India and by having the extensive knowledge and experience can represent and file the petition for quashing of FIR lodged against you being NRI or summoning order passed in any criminal complaint filed by individual against NRI. However you are strongly advised to come in-person or through any close family member / relative / friend for deep evaluation of the facts existed in your matter for effective legal remedy.