Can case under section 353,332,42,431,504,506 IPC be quashed?

Tilak Marg Forum for Legal Questions Forums Criminal Law Can case under section 353,332,42,431,504,506 IPC be quashed?

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    • #5719

      The section engineer filed the ipc 353,332,427,431,506 and 504 on me and my father because we were given the objection of road construction in my farm.
      road width 3 meter under the Zilha parishad but they tried to extend upto 21 foot so we both were given objection but he filed the above ipc section and police arrested me and my father . we aren’t doing any criminal offence, not even a single abuse word. I have video recording for this evidence.
      My question: Is there a possibility to quash this case in the high court?

    • #5767

      It depends on the facts of the case, as to whether the FIR in that case can be quashed by the high court.

      If the FIR has been registered even though all facts in the complaint, taken together, do not make it an offence (or don’t disclose a cognizable offence), then it can be quashed by the high court.

      However, if the FIR, on the face of the facts mentioned therein (which may be true or false) discloses commission of a cognizable offence, then the high court may not generally quash the FIR, since in that case falsity of the allegations mentioned in the FIR has to be proved during the trial (or, may be during investigation by police or charge-framing stage in court).

      So, if the FIR registered against you contains information (which may be true or false) which discloses a cognizable offence, then chances of its getting quashed by high court are much less. If you feel that wrong facts have been mentioned in the FIR, you may have to convince the investigating officer of police to close the case, or later convince the trial court by filing a discharge application or during trial.

      The general guidelines relating to quashing of FIRs have been given by Supreme Court in the case of State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : AIR 1992 SC 604 : 1992 Cri LJ 527. You can search this judgment online.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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