Quashing of FIR: Legal or Illegal

Abstract

The High Court can quash an FIR under section 482 of CrPC or Article 226 of the constitution.  If it appears that there is no need to pursue the case essentially against the claimed individual,the Supreme Court and High Court havethe authority to quash an FIR that is frivolous in nature. The Apex court has to see many grounds in the case for quashing an FIR and must very carefully and sparingly destroy an FIR. Section 482, which addresses inherent powers, forbids mistreatment of any court or otherwise mechanism meant to uphold the ends of justice. However, there are arguments that the Constitutional Courts are not permitted or should annul an FIR because it is an embryonic document whose assertions will materialise only after the investigation is completed, and quashing an FIR prior to the completion of the investigation violates the scheme of the CrPC. This research discusses whether constitutional courts can overturn an FIR.