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What is procedure for quashing of FIR when compromise is done?
29-May-2023 (In Criminal Law)
The said F.I.R. has been lodged by the husband of my sister under the order of Court passed against Application 156(3). The Police has filed the Chargsheet against eight our relatives against false grounds under the Political influence and with the power of the Money. The charge sheet is filed late and is Bar under Section 468 CR.P.C. The compromise on the date of alleged incident was also made.
But the Magistrate is not considering our Application under influence of the complainant side and is lingering the matter one date to another. We want to quash the said F.I.R. now.
As the FIR was registered on the orders of the court so the police cannot refuse to register an FIR. They are duty bound to register it. After registering an FIR the police submits the police report in the court that is called a charge sheet under Sec 173(2) of CRPC.
There is no bar under Section 468 of CRPC for filing a charge sheet. If the charge sheet is not filed within the stipulated time then the accused gets a bail on technical grounds. Moreover, if the court thinks fit, they can take cognizance if it is time barred under section 473 of CRPC.
Quashing of the FIR can only be done in the High Court. In the Magistrate Court, the police can file a closure report if they have not found any incriminating material against the accused.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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