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FIR Quash through 482 will be Rejected if Charge Sheet is Filed in 498
14-Oct-2023 (In Criminal Law)
FIR Quash through 482 will be Rejected if Charge Sheet is Filed in 498A ? Again Do we need to Apply Quash on Chargesheet ?
Then what about below statement by SC ?
The Supreme Court held that while exercising the power under section 482 of the CRPC, the court can quash the FIR even if the charge sheet has been filed, as the power under section 482 is to be exercised to prevent the abuse of process and miscarriage of justice.
if you have challenged the FIR under section 482 of CRPC then your FIR can be quashed even though charge sheet has been filed by the police during the pendency of the above quash petition however the High Court will look into the charge sheet also while deciding the quash petition but still the high court can quash the FIR and it cannot reject your clash petition because chargesheet is filed.
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Adv. Vikram Chandra
Hyderabad | 100+ Answers
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