Firstly, when you say that FIR is registered for a non-cognizable offence, I presume that even the sections applied in the FIR are also relating to non-cognizable offence(s). Otherwise, many a time, what happens is that an accused person may feel that the facts disclosed non-cognizable offence or even a civil matter, but the police applied cognizable offence sections and registered FIR.
For quashing the FIR if it relates to non-cognizable offence sections, you may have to approach the high court under Section 482 of the Criminal Procedure Code. You may show that no cognizable offence is made out on the basis of the facts mentioned in the FIR itself.
You can also approach the senior officers of police (such as the Superintendent of Police of the district concerned), who may direct the police station to close the investigation if the FIR relates only to a non-cognizable offence.
Usually, the police would not register an FIR in a non-cognizable offence. It may be by mistake or the interpretation of the facts whether they disclose a cognizable offence or a non-cognizable offence may be different. In fact, the general allegation against police is that they do not register FIRs even in cognizable offences.
However, if the FIR has been registered deliberately by the concerned police officer knowing fully well that only a non-cognizable offence has been committed, you may complain to his seniors and a departmental action may be initiated against him if the allegations are found to be true, and depending on specific facts of the case, an offence may perhaps also be disclosed against him.
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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