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Quashing of FIR

By Dr. Rohini Mahurkar

Published In

Air 2014

Vexatious and Retaliatory Litigation Quashing of FIR is an issue which has very important place in criminal jurisprudence as these days, there are numerous malicious and vexatious prosecutions just to harass someone or in retaliation. Even if such a person is subsequently acquitted, his reputation may be harmed and to prevent this ordeal, there are safeguards in our laws. Although, there is no specific provision in law for quashing of FIR, Article 226 of Constitution of India and Section 482 of Criminal Procedure Code, which deal with extraordinary power and inherent powers of High Courts respectively, are often used by people to this effect. However, there are also instances when people use these safeguards just to delay the trial or for escaping one. Hence, Supreme Court of India has now settled this issue with different judgments.  One of the earliest cases in this list, is the present case where it was held that “So it is of the utm ....

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