For any innocent accused, facing a trial in criminal courts is the most terrible experience one can have. As it takes years to prove one’s innocence, he/she has to suffer.
The only way out of this mess is Quashing of FIR under section 482 of CrPC if prima facie the offences listed in FIR are not made out and it appears to be abuse of process of law.
But when should I file quashing of FIR in Punjab and Haryana High Court at Chandigarh?
This is an interesting question for all top/best/expert criminal lawyers/advocates in Chandigarh Panchkula Mohali as a lot depends on the facts stated in FIR but the main confusion still lies with this particular question;
Quashing before or after Chargesheet?
There is no such fixed rule as such but in my small , limited view , the early you do it is better.
Let me explain:
1 By applying quashing of FIR before Chargesheet itself says no offence is made out against you. Remember, the allegations are so remote that it is improbable to connect accused with FIR.
2 Where the quashing of FIR is applied after Chargesheet, much emphasis is laid out on the procedural part where it leads to gross abuse of process of law.
A good expert criminal lawyer of will quickly be able to tell how much chances you have for quashing the FIR after the Chargesheet is being filed.
3 Quashing of FIR under section 482 of CrPC is to be used sparingly and in exceptional circumstances by High Court and not in routine manner as it may have affect on justice disbursal system.
4 One way of securing acquittal is also filing for discharge when the Chargesheet is given in the court. If the trial court is convinced that no offence is made out as per evidence brought on record, it may absolve you from charges. Thus discharge will automatically leads to dropping of charges against you.
5 Thus, quashing of FIR is maintainable before Chargesheet and after Chargesheet, Discharge application may also be applicable.
Now FAQs related to quashing of FIR:
1 Can Police quash the FIR ? No they can’t. They can file closure report if no offence is made out in the investigation instead of Chargesheet. Thus leading to acquittal.
2 How much time it takes to quash the FIR? On an average 6 months to more time depending on the state and complainant endeavours to stretch the case.
3 How much a Lawyer will charge for quashing of FIR from High court Chandigarh of Punjab and Haryana? It varies from 20k to 2 lakhs on the experience and ability .
4 What documents are required for quashing of FIR? FIR copy, translated in English and Aadhaar card, Quashing petition and other relevant documents.
5 Under what time Chargesheet has to be filed? Within 30, 60, 90 & 120 days depending upon the nature of offence.
Thus FIR can be quashed prior filing of Chargesheet as well as after the Chargesheet.
For more info on subject, please dial 99888-17966.