What is seen for the purposes of quashing of the FIR or of the criminal proceedings is not your defence evidence but whether there is no case at all from the prosecution side. If the prosecution has at least prima facie evidence (which may ultimately be proved or may not be proved, after the trial), it is sufficient to proceed with the trial and the petition for quashing of the proceedings may not succeed; and, it may be just wastage of your time, money and energy.
At the stage when evidence is already being recorded, the chances for quashing of the criminal proceedings will be very limited and you’ll have to have something extraordinary in your favour to show that there is no prima facie case for prosecution. Instead, it is better to concentrate on the evidence recording and do your best in the trial. You should have tried for quashing at an earlier stage; and, if you had done it earlier, there is no point in repeating such action.
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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