The High Court will quash the FIR only if it is found that no offence is made out on the basis of what is mentioned in the FIR itself even if it is read at its face value. Otherwise, usually, the police is allowed to investigate the offence and come to a conclusion on the basis of the evidence collected during investigation.
Since the investigation is going on, you can give your statement to the police, along with whatever evidence you have got in your favour. If the investigating officer does not record your statement / evidence, you may approach the senior police officers. Generally, the court will not intervene when the investigation is going on. But, if the police is completely reluctant to record your statement and take your evidence on record, then you may approach the courts for whatever relief you can get from there.
The sections of law (such as of IPC) as mentioned in the FIR are only the starting point. After investigation, these sections can be changed and charge sheet can be filed under different sections depending on the result of the investigation.
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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