FIR can be quashed by Punjab and Haryana High Court at Chandigarh when it seems to be abuse of process of law.
In the present case retired IAS officer and his family is now relieved as the High Court at Chandigarh has finally quashed the FIR.
The case relates back to clash between Bharti Arora the then joint commissioner and Navdeep Virk commissioner of Police . As expected, Ms Arora was shifted from place due to power tussle.
The son of the IAS Officer was charged with rape (376) and criminal intimidation (506) IPC.
The complainant later on under 319 summoned the IAS and his family for the same offence which was dismissed by the trial court .
The police later on submitted the supplementary challan under Sec 173 (8) whereby the IAS and his family members were indicted back.
The FIR was quashed on following observations of the court :
1 Police didn’t took the permission for filing supplementary chargesheet from the court .
2 Court observed vindictive nature of Ms Bharti Arora who accused Navdeep Virk for influence and botched up investigations.
3 The report of DGP YP Singhal quoted the influence in his investigation report where the supervisory authorities ignored their powers and neglected delivery of justice .
Conclusion – Thus there is abuse of process of law and the FIR stands quashed against IAS and his family leaving except his son.
Quashing of FIR is possible only through High Courts of respective states . When there is rampant abuse of legal process and all rules are blown to winds then High Courts will step in and settle the score .
For more info on quashing of criminal cases by Punjab and Haryana High Court at Chandigarh, please dial 7888-356908.