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Can fir be quashed after filing of chargesheet ?


04-Oct-2024 (In Criminal Law)
Sir , I would like to know one thing , can I go to the High Court for quashing the case which is running with the only sec - 448 IPC against me . In the year 2018, a person had lodged an F.I.R against me u/s-384/120(B)/379/448 IPC & later , the police station gave me a notice u/s-41(A) Cr.Pc & thereafter , I had complied the said notice & I got anticipatory bail from the High Court . I knew that the said case is completely false .The said investigation has now been completed , the charge sheet has already been framed against me by only SEC 448 IPC which is absolutely bailable & rest of the sections have been withdrawn by the investigating officer .Till now, the trial has not been started so in such circumstances , can I go to the High Court for quashing this case ,can fir be quashed after chargesheet?, is it possible at this time? Please sir give me advice in this regard , what should I do ??
Answers (3)

Answer #1
147 votes

Yes, it is possible to challenge the chargesheet after the same has been filed by approaching the High Court for quashing the case under Section 482 of the Code of Criminal Procedure (CrPC), which grants inherent powers to the High Court to make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice.
However, it is important to note that the High Court will only quash the case in exceptional circumstances where the charges against the accused are found to be without any basis or the allegations made against the accused are inherently improbable or false. The High Court will not interfere in the investigation or evaluation of evidence at this stage, and the accused must provide strong and convincing reasons for the quashing of the case.

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Advocate Chikirsha Mohanty

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Answer #2
635 votes
You can file quash petition before the Hon'ble High Court under section 482 of the Code of Criminal Procedure for quash the criminal proceeding against you. But without detail discussion and without chargesheet , FIR review proper consult is not possible.
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Advocate Dhrubaraj Bhowmik

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Answer #3
739 votes
Definitely u can approach to the high court under section482 of crpc for quashing of the chargesheet along with FIR.the court has power to quash the matter on basis of sufficient evidence.offence may be bailable or non bailable but quashing depand only sufficient evidence.
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Advocate Debasis Mitra

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