Скачать или смотреть Quashing of Order by Chandigarh HighCourt Punjab and Haryana

A high court can quash an order, such as a criminal proceeding or FIR, using its inherent powers under Section 482 of India's Code of Criminal Procedure (CrPC) to prevent abuse of process or secure justice. This discretionary power is exercised when there's a lack of evidence, legal defects, procedural errors, false accusations, or an attempt to harass someone, but cannot be used for serious crimes like murder or rape even if settled. [1, 2, 3, 4]
What "Quashing" Means

• Nullification: To quash an order means to cancel or dismiss it, effectively terminating the legal proceedings. [1, 2]

Grounds for QuashingA high court may quash an order in cases such as:

• Lack of Evidence: No substantial grounds or evidence to support the criminal charge.
• Abuse of Process: The legal process is being used for malicious reasons, harassment, or to settle personal scores.
• Absurd Accusations: The accusations are clearly absurd, frivolous, or lack legal basis.
• Procedural Errors: Significant legal or procedural irregularities occurred during the case.
• False Allegations: The case is entirely false and the person is being falsely implicated. [1, 2, 5, 6, 7]

Important Considerations

• Discretionary Power: Quashing is a discretionary power of the court, depending on the facts and circumstances of each case.
• Serious Offenses: Courts generally do not quash serious offenses like murder, rape, or dacoity, even if parties reach a settlement, due to their broader social impact.
• No Interference with Investigation: The court generally cannot interfere with the police's statutory right to investigate a cognizable case. [4, 5, 8, 9, 10]

Procedure to Seek Quashing

1. Consult a Lawyer: Get advice from a qualified lawyer specializing in criminal law to assess the merits of your case.
2. Draft a Petition: Your lawyer will draft a quashing petition outlining the legal grounds and irregularities.
3. Prepare an Affidavit: An affidavit, which is a sworn statement of facts, must be prepared and attached to support the petition.
4. Attach Supporting Documents: Include all relevant documents, such as the FIR, charge sheet, or other related legal orders. [5]

AI responses may include mistakes.

[1] https://lawbhoomi.com/quash-petition-...
[2]    • V122: Quashing of FIR or criminal case and...  
[3] https://ssrana.in/litigation/criminal...
[4] https://ksandk.com/corporate/section-...
[5]   / quashing-petitions-under-section-482-crimi...  
[6] https://lawrato.com/criminal-legal-ad...
[7] https://rajendralawoffice.com/quashin...
[8] https://www.scconline.com/blog/post/2...
[9] https://thelawdesk.org/section-482-cr...
[10] https://www.lexology.com/library/deta...