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Quashing Petition In Court


15-Nov-2023 (In Criminal Law)
The investigation officer has lodged an FIR on the second complaint of the complainant (which does not have any DD no as per police records) and removed the 1st complaint from the records that has DD. no on it . (I have taken the 1st application out after filing RTI) Though the incidence was same but there is a lot of mismatch in both the complaints. Can this FIR be quashed in high court ? Is this a relevant ground of quashing the FIR ? And what legal action can be taken on the investigating officer for this act ?
Answers (3)

Answer #1
970 votes
Quashing of FIR at this stage might not be done, however a petition for the same may be filed with an application for no coercive steps to be taken till the final outcome of the petition. the court may direct time bound filing of the chargesheet and then when it is filed, may consider whether or not to quash the proceedings. however having said that, it may be noted that if the FIR is very frivolous, there is nothing to stop the High Court from quashing the FIR. regarding taking action against the IO, a complaint may be filed before the concerned DCP or SP.
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Advocate Kawaljit Singh Bhatia

Adv. Kawaljit Singh Bhatia

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Answer #2
539 votes
Yes, quashing petition can be filed before the high court. It will be quashed on the basis that of non credibility of the complaint. The relevant ground for quashing can be on non- credibility and no commital of any cognizable offenses as the information supplied to the official does not constitute any congnizable offense. The police official can be punished through section 156(3) crpc under offense punishable under section 166 IPC. Legal assistance is highly recommended.
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

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Answer #3
734 votes
yes it can be quashed in the High court for that file an quashing Petition at the earliest and against the officer private complaint can be made in the magistrate court to register an FIR and proceed further. you can get in touch with us.
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Advocate Pawan Prakash Pathak

Adv. Pawan Prakash Pathak

LawRatoDelhi | 200+ Answers
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