Quashing Of Case
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What is Quashing Of Case?
Quash means,” to overthrow; to abate; to vacate; to annul; to make void. In ordinary law terms, quash would mean to stop and put an end to the criminal proceedings, be it at chargesheet, filed stage or FIR filed stage. Under the scope of the powers of high court under sec 4 82 of the code of criminal procedure,1973, a high court, under rarest of rare cases may quash FIR/ Chargesheet.
Deliverables
The inherent jurisdiction of the High Court could be exercised to quash the proceedings -:
1.Where there is a legal bar against the proceedings;
2.Where the allegations in the first information or the complaint do not constitute the offence alleged;
3.Where either there is no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge. The High Court does not have the power to quash the proceedings in the police investigation consequent upon a first information report made to the police in a cognizable case. It has no power to interfere with the statutory rights of the police to investigate a cognizable case.
The inherent powers of the High Court under section 482 can be invoked only in three situations-:
1.In order to give effect to an order passed under the code.
2.To prevent the abuse of the process of the court.
3.To secure the ends of justice.
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