FIR Quashing after c summary filed by police

555 votes

yes if your consent term is filed you can go for quashing by consent and it will be quashed within the first or second date, if the complainant still doesn't appear court can on the basis of consent term quash the FIR against you

Advocate Moksh Jain LawRato

797 votes

The High Court does have the power to quash criminal proceedings under Section 482 CrPC if it is satisfied that continuing the prosecution would amount to abuse of the process of law. In matrimonial disputes, particularly under Section 498A IPC, courts often consider settlement terms, consent affidavits, and divorce while deciding quashing petitions. However, if the complainant is deliberately avoiding summons and not appearing before the court, the High Court may sometimes wait for proper service and completion of procedural steps before passing final orders. Each case depends on its specific facts and the documents placed on record. Since procedural aspects like publication, C-summary, and non-appearance of the complainant are involved in your matter, it would be advisable to engage a competent lawyer who can properly present the settlement documents and pursue the quashing effectively before the High Court.

Advocate Bhumika Vijay Bajaj LawRato

563 votes

Yes, the High Court has the power to quash criminal proceedings under Section 482 of the Code of Criminal Procedure in appropriate cases to prevent abuse of the process of law and to secure the ends of justice. In your case, since the divorce has already been granted by mutual consent and the pursis, claim affidavit and consent terms clearly record that the spouse agreed to withdraw the complaint under Section 498A of the Indian Penal Code, the continuation of the criminal proceedings despite such settlement may be considered an abuse of the process of law. The High Court, while exercising its inherent jurisdiction under Section 482 CrPC, can quash the FIR even if the complainant does not appear, provided the Court is satisfied that: The matrimonial dispute has been amicably settled. Divorce has already been granted. Consent terms indicate that the complainant had agreed to withdraw the case. Continuation of the proceedings would serve no useful purpose. The Supreme Court of India has in several judgments held that criminal proceedings arising out of matrimonial disputes can be quashed after settlement between the parties, even though the offence under Section 498A IPC is technically non-compoundable. Therefore, you may request the High Court to proceed ex-parte if the complainant continues to remain absent despite service (including publication) and place on record the divorce decree, consent terms, and settlement documents to seek quashing of the FIR. However, the final decision will depend on the satisfaction of the High Court based on the facts and documents placed before it.

Advocate Tushar Bhosale LawRato

811 votes

After the filing of the C-Summary report by the police before the learned Magistrate, the accused may approach the High Court by filing a petition for quashing of the FIR in order to bring a final closure to the proceedings.” Explanation (short): C-Summary means the police believe the case is false or there is no evidence. Even after that, the accused can file FIR quashing in the High Court to completely close the matter.

Advocate Mahrukh Khan LawRato