Lawyers in Chandigarh file petitions under section 482 of criminal procedure code for quashing of First Information Report or consequent criminal proceedings initiated against their clients. Quashing simply means cancellation of orders or proceedings. It can also mean that the criminal proceedings or the first information against the person accused of an offense were illegal and against law and therefore they are brought to an end.
The key point taken by top criminal defense lawyers in Chandigarh while filing quashing petition in Punjab and Haryana High Court at Chandigarh is that where the allegations made in the FIR and taken at their face value and accepted in their entirety do not constitute an offense, the FIR and the criminal proceedings initiated on the basis of the FIR are liable to be quashed.
However, while exercising the inherent powers of the court under section 482 of the criminal procedure code, Punjab and High Court at Chandigarh does not quash First Information Report on the ground that the police station did not have territorial jurisdiction to investigate the offense. This is so because a police officer cannot refuse to Lodge and FIR or to investigate an offense for the want of territorial jurisdiction.
Inherent powers vested in the section 482 of the criminal procedure code should be sparingly exercised by High Court Chandigarh. Supreme Court has held that when the High Court starts considering evidence before it in a petition for quashing of FIR in high court and then comes to a conclusion that initiation of complaint proceedings was in some oblique motive for critiquing vengeance, the complaint can be quashed only if on consideration of the matter on its face value no offense is made out.
One of the types of quashing of First Information Report is compromise quashing. This is also called quashing of fir on the basis of compromise. Where the dispute between the parties is purely personal in nature arising out of commercial transactions and no public policies involved in those transactions, parties may compromise the matter quashing of First Information Report. One of the terms of such compromise has to be that proceedings pending in court may be withdrawn or compromised or quashed as the case may be. In such circumstances Punjab and Haryana High Court at Chandigarh quashes the First Information Report because continuation of criminal proceedings would be a futile exercise under such circumstances. An example here is quashing of FIR on the bases of compromise when sections relate to dowry, section 498A, 406, 503, 323, Dowry Prohibition Act.
The best point for a criminal lawyer in Chandigarh who is legally representing the respondents in a quashing petition is that the allegations made in the First Information Report actually constitute an offense. Under these circumstances first information report lodged by the police cannot be quashed. Case of respondents in such circumstances becomes even better if the charge-sheet has been filed by the police before the court. Further, by considering petition for quashing of First Information Report, correctness or otherwise of the allegations made in the FIR has not to be seen. High Court Chandigarh has only to see whether on the appraisal of FIR a prima facie case against the accused is made out or not.