Legal Advice

Can a single accused seek quashing of FIR

Question: An FIR has been filed against four accused individuals, and Accused No. 4 possesses a distinct identity. Question: Is it possible for the High Court to quash the FIR only against Accused No. 4? An FIR has been registered, and a C-Summary has been submitted to the Honourable Magistrate. The complainant has filed a Protest Petition, leading the Honourable Magistrate to return the C-Summary to a new Investigating Officer for further inquiry. Question: At this stage, can the alleged Accused No. 4 seek relief by approaching the High Court to have his name quashed from the FIR?

Advise

Yes, a single accused can seek quashing of FIR if he has been falsely implicated. An FIR is however, not an encyclopaedia but it must contain some essential ingredients of the offence. If FIR prima facie does not infer that a cognisable offence has been committed that FIR may be quashed. 

The Bhajan Lal case is a landmark judgment which outlines the conditions under which the High Court can quash an FIR (First Information Report). In the case of Bhajan Lal v. State of Haryana (1992), the Supreme Court of India laid down guidelines for exercising the extraordinary power of the High Court to quash criminal proceedings.

False FIR is an example of abuse of process of the court. Therefore, the high court may quash the frivolous FIR to secure the ends of justice. You should file a writ petition in the high court under article 226 of the constitution of India.

Shivendra Pratap Singh

Advocate

High Court Lucknow