I would like to inquire about the fees for FIR quashing, including the court fees for the quashing o
17-Jul-2024 (In Criminal Law)
Not always'if the prosecution has been validly disposed of (acquittal, conviction, or formal compounding/withdrawal) you may not strictly need a separate quashing order, but parties commonly seek quashing to remove the FIR/charge-sheet from records and to prevent further investigation or collateral proceedings; courts also retain power to quash criminal proceedings in appropriate cases even where offences are nominally non'compoundable when a genuine settlement makes conviction unlikely and continuation would abuse the process of court. Key authorities: B.S. Joshi v. State of Haryana (Supreme Court -quashing allowed in matrimonial/settled disputes) [https://indiankanoon.org/doc/469138/]; Gian Singh v. State of Punjab (Supreme Court -scope and limits of quashing; serious/heinous offences excluded) [https://indiankanoon.org/doc/69949024/]; Jitendra Raghuvanshi v. Babita Raghuvanshi (Supreme Court -matrimonial settlements may justify quashing) [https://nearlaw.com/PDF/SC/2013/2013-ALL-SCR-1542.html]; State of Haryana v. Bhajan Lal (Supreme Court -caution on quashing at investigation stage) [https://indiankanoon.org/doc/1558396/]. Statutory context under the new codes: BNSS s.528 preserves High Court inherent power to quash [https://indialawacts.in/bnssSections.php]; BNSS s.359 deals with compounding of offences (procedure and which offences are compoundable) [https://thebharatiyanyayasanhita.in/section-359-compounding-of-offences/]. Practical advice: consult your advocate about filing a quash petition if (a) prosecution remains pending, (b) you want formal deletion of records or protection from further action, or (c) the offence is non'heinous and parties have a verified, voluntary settlement.
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