Quashing of FIR

Quashing of FIR

A first information report is filed by a person as the first step to start legal procedures against a person or an entity. The nature of the crime reported may be civil or criminal in nature. A FIR is lodged in the police station in the area in which the crime took place by the injured party. If the police think that there really was a violation of any laws by the person or entity named in the FIR, they accept the report, and then, start their investigation.

There have been many instances where private feuds that can be settled out of court are attempted to be lodged as an FIR, but which the police think they need not resolve, in which case the FIR is cancelled. But, when an FIR has been lodged, and if the party who lodged it is able to make an out of court settlement with the defendant party, or if the court feels that the case was lodged in error or lacks substantial evidence, there is quashing of FIR. Serious crimes like rape and murder are not eligible for quashing of FIR. But where it is possible to do so, both parties must consult their advocates to ensure they are getting fair treatment at the time of making the settlement or withdrawing the case.

Advocates act as a medium between the both parties and work towards a feasible agreement between them both. This is beneficial because in this way, long drawn out and often expensive legal trials can be avoided. After all, both parties may end up paying hefty legal fees for cases, which could have been resolved easily outside the court. Moreover, the Indian judicial system requires clear evidence of all types of crimes, and if they are unavailable, they will not proceed with such a case. They are already overburdened with a number of cases every day and cannot afford to waste time on a case that is not clearly presented by the lawyers on behalf of their clients.

Advocates in Chandigarh has successfully dealt with many quashing of FIR matters on behalf of their clients too. While it is ensured that some amount of justice is meted out to a person making a mistake, if there are other ways of resolving the dispute, the special team of Advocates in Chandigarh has successfully managed to bring about such agreements too.

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