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Want to challenge/quash non-cognizable FIR under sec. 506 ipc


17-Jul-2024 (In Criminal Law)
Can a non-cognizable FIR under section 506 ipc be challenged / quashed by the accused / his lawyer? If yes, under what procedure? Thanks in anticipation.
Answers (3)

Answer #1
825 votes
Yes this FIR can be challenged under section 482 Code of criminal procedure, 1973 which provide inherent power to High court to pass order to prevent abuse of the process of any court or otherwise to secure the end of justice.
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Advocate Prasoon Kumar

Adv. Prasoon Kumar

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Answer #2
888 votes
If both the parties i. E. Complaint and accused settled their dispute then it is possible to quash FIR under section 506 in the hon'ble high court of state where FIR is registered then the statement of both the parties is recorded before hon'ble high court afterwards your FIR is quashed
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Advocate Ajay Garg

Adv. Ajay Garg

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Answer #3
513 votes
If the content of the FIR discloses that the alleged offence falls under the first part of section 506, IPC, then it is compoundable. In this case, the accused and the complainant may settle and further submit their Settlement Agreement in the Hon'ble Court of the concerned Magistrate. Secondly, If the content of the FIR discloses that the alleged offence falls under the second part of section 506, then the offence is not compoundable. In this case, effective remedy left is to approach the High Court for quashing of the FIR u/s 482 CrPC on merits or on the basis of the settlement arrived.
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Advocate Karan Singh Khanuja

Adv. Karan Singh Khanuja

LawRatoDelhi | 25+ Answers
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