How much time it takes to quash an fir in India?
04-Jul-2024 (In Criminal Law)
An FIR can be challenged by a quash petition in the High Court (under its inherent jurisdiction'Section 482 CrPC now reflected in BNSS s.528) or by a writ under Article 226; quashing before investigation/charge'sheet is permitted in rare cases where the FIR on its face discloses no offence, is manifestly frivolous or mala fide (State of Haryana v. Bhajan Lal: https://indiankanoon.org/doc/1558396/), and quashing remains available even after a chargesheet if continuation would be an abuse of process (Joseph Salvaraj A. v. State of Gujarat: https://indiankanoon.org/doc/1488900/; Anand Kumar Mohatta v. State (NCT of Delhi): https://www.legalauthority.in/judgement/anand-kumar-mohatta-vs-state-govt-of-nct-of-delhi-department-of-home-40068); but where a chargesheet is filed courts generally refuse a "mini'trial" and ordinarily direct the accused to seek discharge before the trial court (Iqbal @ Bala v. State of U.P. (2023) (discussed): https://keralalaw.in/s-c-garg-v-state-of-uttar-pradesh/). Settlement/compromise can justify quashing in appropriate cases (Gian Singh v. State of Punjab: https://indiankanoon.org/doc/69949024/). There is no statutory time limit for a quash petition, yet delay and laches are material and may defeat relief (State of Rajasthan v. D.R. Laxmi: https://www.legalauthority.in/judgement/state-of-rajasthan-ors-vs-d-r-laxmi-ors-25542). Procedure: file a criminal miscellaneous petition/482 petition (or writ) in the High Court (now invoking BNSS s.528: https://www.indialawacts.in/bnssSections.php#s528), annex the FIR and any chargesheet/materials, serve respondents and seek interim relief; the High Court will exercise the power sparingly and only in the exceptional circumstances explained above (see the authorities cited).
Quashing an FIR means getting the First Information Report dismissed by the High Court under Section 482 of the Criminal Procedure Code (CrPC). This is done when the FIR is considered false, baseless, or an abuse of legal process. The High Court uses its inherent powers to prevent misuse of the justice system.
For cases like Section 498A, the quashing process can take anywhere from 1 to 2 years, depending on the complexity and court proceedings. It involves multiple stages: issuing notice, responses from both parties, and final arguments.
The cost of FIR quashing varies. Lawyer fees typically range between Rs 30,000 to Rs 1,50,000 or more, based on the lawyer's experience and case complexity. Court fees are also applicable but are usually minimal.
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