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

752 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.

Advocate Karan Singh Khanuja LawRato

623 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.

Advocate Prasoon Kumar LawRato

545 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

Advocate Ajay Garg LawRato

482 votes

Section 506 of the Indian Penal Code (IPC) deals with the offense of criminal intimidation. If you wish to challenge or quash a non-cognizable FIR filed under Section 506 of the IPC, you can take legal steps to address the situation. Here's what you can do:

1. Consult an Attorney: The first step is to consult with a criminal defense attorney who specializes in IPC cases. They will assess the details of your case and provide guidance on the appropriate legal course of action.
2. Gather Evidence: Work with your attorney to collect evidence that supports your claim that the FIR is baseless or frivolous. This may include witness statements, documents, or any other relevant information that can help your case.
3. Petition for Quashing: Your attorney will file a petition for quashing the non-cognizable FIR in the appropriate High Court or Sessions Court. The petition should outline the reasons why the FIR should be quashed. Common grounds for quashing include lack of evidence, false allegations, or a compromise between the parties.
4. Court Proceedings: The court will review your petition and the evidence presented. If the court is satisfied that there are valid reasons to quash the FIR, it may pass an order to that effect. However, it's important to note that quashing an FIR is at the court's discretion and is typically done in exceptional circumstances.
5. Legal Representation: It's crucial to have legal representation throughout the quashing process to ensure that your interests are protected and that the legal procedures are followed correctly.
6. Appeal: If the court does not quash the FIR, you may have the option to appeal the decision in a higher court.

Advocate Chikirsha Mohanty LawRato