FAQs: FIR

Q. When can a FIR be quashed? A. The High Court or Supreme Court may dismiss a First Information Report (FIR) in specific situations, such as when there is no supporting evidence or the complaint is baseless, vengeful, or resolved amicably between the parties. Q. How much does it cost to quash a FIR? A. There is no definite amount, it may differ from case to case but it can be done under 25,000 usually. Q. Can 354 FIR be quashed? A. Yes.

Q. What is the process of quashing a petition? A. A petition citing legitimate legal grounds is filed with the High Court or Supreme Court to quash a FIR. After hearing from both sides, the court considers the petition, looks over the evidence, and decides whether to dismiss the FIR. Q. Is FIR quashing easy? A. No, it is a complicated process. Q. On what grounds is FIR quashed? A. If the allegations are prima facie frivolous and false. Q. How police can quash FIR? A. Police cannot quash an FIR but can only file a closure report. Q. Who has the power to quash FIR? A. The High Court and the Supreme Court. Q. What type of case can be quashed? A. Cases where the complainant and accused come to a settlement, involve civil disputes, are minor offences, compoundable offences, or lack supporting evidence are eligible for quashing. Q. How long does quashing take? A. It cannot be predicted but usually between 2-5 hearings are required before the court.

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Q. What happens after FIR is quashed? A. An FIR that is quashed ends the legal proceedings related to that specific FIR. It is no longer necessary for the accused to appear in court or go through a trial about the quashed FIR. Q. Can police file a chargesheet without evidence? A. The chargesheet is considered incomplete without evidence though the acceptance depends upon the discretion of the court. Q. How can FIR be closed? A. If it is quashed by the court or the police officers file a closure report. Q. What are the documents required for quashing of FIR? A. The quashing petition may require documents such as a copy of the FIR, pertinent court orders, proof of the grounds for quashing, and any settlement agreements between the parties. Q. Can police remove sections from FIR? A. No. Q. What is the power of quashing? A. It gives power to the court to remove unnecessary FIRs and speed up the justice process.

Q. Can FIR can be withdrawn? A. No. Q. Can quashed FIR be reopened? A. Not until there is discovery of new evidence or the facts change. Q. How can I remove my name from FIR? A. Your name cannot be taken out of a FIR directly. You can ask the police to submit a closure report that states your innocence or lack of involvement, or you can go to court with a quashing petition. Q. What is the next procedure after FIR? A. The police look into the matter, gather evidence, and then file a charge sheet in court after receiving a formal complaint. Based on the presented evidence, the court then determines whether to move forward with the trial. Q. How do I know if my FIR is closed? A. The easiest method is to go to the police station and ask. Q. What offences can be quashed? A. A court may decide to quash an offence if it is compoundable, frivolous, settled amicably, lacks supporting documentation, or was filed maliciously.

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Q. Is FIR permanent? A. Yes, even after getting quashed, the records remain there. Q. Can we close the case after FIR? A. No. Q. Can the police register FIR itself? A. Yes for a cognizable offence.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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