Quashing of FIR or quashing of criminal proceedings, what is better?

[Anonymous]

My wife had filed FIR against me under S. 498-A of IPC. Now, we have reached a compromise as per which I am paying her huge compensation and we’ll be going to the high court for closing the FIR on ground of compromise. What should I prefer – quashing of FIR or the quashing of the criminal proceedings? Please advise me.

[Dr. Ashok Dhamija]

If the investigation is still pending and charge sheet is yet to be filed, then basically both the things will mean the same. If you get the FIR quashed, the criminal proceedings on the basis of such FIR will also get quashed or get over since FIR is the starting point. On the other hand, if the criminal proceedings are quashed, that also means that now the FIR is of no meaning since no proceedings are pending now.

If the charge sheet has already been filed then it may be advisable to seek quashing of the criminal proceedings resulting out of such charge sheet. In such situation, you may even formally pray for quashing of the charge sheet also, along with the criminal proceedings.

In fact, if the FIR is still under investigation, you may make a prayer something like this: “…the FIR No. **** of **** Police Station may please be quashed along with the quashing of the consequent criminal proceedings…”.

     

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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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