When one can file QUASHING PETITION? – By Kishan Dutt Kalaskar, Advocate

⁠When one can file QUASHING PETITION? – By Kishan Dutt Kalaskar, Advocate

Introduction: 

The Bharatiya Nagarik Suraksha Sanhita provides the High Court the authority to use its inherent authority to stop the misuse of the legal system by quashing criminal proceedings. A quashing is a request to the High Court to terminate or quash criminal proceedings, FIRs or chargesheet that are illegal, unjust, or abuse of the court process. The judiciary uses quashing petitions under section528 as a vital instrument to step where carrying on with judicial process would be unfair, oppressive, or inconsistent with the equity principles.

Section 484 of BNSS vests inherent powers in the High Court to make orders necessary to prevent the abuse of the legal system. The clause’s broad and discretionary application permits the court to get involved at any point during the proceedings.

In India, false FIRs, malicious prosecutions or unnecessary criminal proceedings can often lead to harassment of innocent persons. In such cases, the law provides a powerful remedy: filling a quashing petition before the High Court.

Ground for quashing criminal cases:

1. FIR is frivolous or motivated- If the complaint appears to be false, vague or intended for personal revenge the High Court may quash it.
2. No prima facie case is made out - If even on the face of the FIR or chargesheet, no offence is disclosed, the court may quash the proceedings.
3. Civil Dispute wrongly converted into criminal case – Sometimes, civil cases like property, money disputes are given a criminal colour to pressurize the opposite party. Such a misuse can be quashed.
4. Compromise between parties- If the parties involved reach a settlement and the continuance of the legal proceedings would serve no purpose; the High Court may quash the case.
5. Violation of Legal Procedures – If the FIR or investigation done without jurisdiction or without following due procedure, the petition may succeed.

Procedure for filing a quashing petition:

Filing a quashing petition in India involves approaching the appropriate court to seek the cancellation or quashing of a criminal case or charges framed against the individual.

1. Before filing a quashing petition, it is advisable to consult with a qualified legal expert who is specialised in criminal cases. 
2. Drafting the Quashing Petition, The lawyer will draft and outline the reasons for the quashing. It would outline the grounds on which quashing is sought like lack of evidence, legal defects, infringement of fundamental rights, abnormalities in the law .
3. Prepare Affidavit – The quashing petition needs to support by an affidavit. The cases facts and the legal justification for quashing are usually included in the affidavit it should also mention the grounds for quashing. 
4. Attach relevant documents- Any relevant documents supporting the grounds for quashing should be attached to the petition. Which may include court orders, FIR, Charge sheet or any other relevant documents. 

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