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FIR quashing on the ground of false allegation

Shivendra Pratap Singh

Advocate

30/03/2017

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My neighbour has filed a false FIR case against me whereas he knew that I did not steal his bike which was kept out of his house. However, we are living in a well-gated society. There is good security arrangement so that no one can enter the premises without the permission of the resident. In the said FIR he wrote that I stood near his bike and facilitated the thief to stole his bike. There is no other allegation in the FIR against me except that statement, therefore, I want to quash this FIR?

Question from: New Delhi (Criminal law)

The High Court may quash the lame proceeding under section 482 of the code of criminal procedure in order to secure ends of justice. The High Court may quash the Fir when.

  • FIR discloses no specific allegation against the accused towards the commission of the cognizable offence. 
  • FIR contains bald allegation against the accused so as to prove the commission of the cognizable offence. 
  • Informant wants to harass the accused therefore abused the process of law by filing a false FIR. 

The state of Haryana vs Bhajan Lal, 1992 Supp (1) SCC 335; if the allegation in the FIR does not disclose any offence against the accused then the court may quash the FIR. FIR is a piece of information about a cognizable offence and given to the nearest officer in charge of the police station with the purpose to initiate an investigation. Therefore, FIR should disclose the ingredients of the alleged offence.

The police officer cannot initiate an investigation unless the FIR discloses commission of the cognizable offence. In case the FIR discloses commission of non-cognizable offence then police officer shall initiate investigation only after taking permission of the Magistrate under section 155 (2) CrPC.

The supreme court has opined that the High Court should exercise its power under Section 482 CrPC very sparingly and cautiously so as to:

  • Secure the ends of justice
  • Prevent the abuse of process of the court.

In your case, the allegation made in FIR is absurd and improbable because no prudent person can reach a conclusion that a person can commit offence only by standing near the bike.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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