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whether quashing complaint can be done only after FIR has been lodged?


16-Aug-2023 (In Criminal Law)
Hi, Could you please confirm whether quahing the complaint can be done only after the FIR has been lodged, or if we are sure the the Complaint is false, we can quash is it in HC in CSR stage itself ?
Answers (2)

Answer #1
886 votes
You can quash the FIR not the CSR. According to the CRPC there is no CSR. CSR is only a receipt of the complaint.

The court will not entertain quashing of CSR. But, you can file a case for "not to harass" at the CSR level.
Answer #2
635 votes
very difficult preposition to get FIR QUASHED, it cannot be done unless and until there is abuse of law, and court will take a different view if they see any prima facie case is made out and if you are not able to get positive nod for HC it will have negative effect in trial court and it may turn counter productive also.

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