How To File Writ Petition For Quashing Of Fir?

The general public’s interests as well as the state’s and the citizens’ safety and security are protected by the law. But occasionally, because of some evil people, the law is being used to harass the person who has been wronged by implying unfounded accusations.

False FIRs are frequently filed, and fabrication of complaints has been used as a weapon to suppress the opposing party. The person, the company, or its directors, auditors, or promoters may all be the target of the FIR.

Writ Petition of Certiorari: About

• The legal term “certiorari” comes from a Latin word that means “to be informed” or “to be certified.” A higher court can overturn an order that has already been made by lower courts, tribunals, or other public authorities by issuing a writ of certiorari.
• In basic terms, you are asking for the court to examine and possibly invalidate the FIR because it was submitted unlawfully, arbitrarily, or in violation of your fundamental liberties after you file a writ petition looking for a writ petition of certiorari against it.

Writ Petition for Quashing of FIR: Grounds

There are several grounds that can be used to demonstrate that the FIR was filed without sufficient justification and on fictitious information. The FIR will be quashed if the court is persuaded by your argument and concludes that it is without merit. The following are the main grounds for filing the Writ Petition for Quashing of FIR:

• When the complainant’s stated facts lack the elements of an offense and do not support a case under any circumstances.
• If it is unlikely that there will be enough evidence to prosecute the party who feels wronged.
• In the event that a legal statute prohibits actions taken against the defendant.
• When the complainant filed a counter FIR when it reveals the complainant’s malign intent.
• When the complainant’s claims are ludicrous and unlikely.
• If the complainant’s claims in the formal complaint do not reveal any offense that can be prosecuted against the harmed party.

Writ Petition for Quashing of FIR: Procedure to File

Step 1: The person who was offended must first give the required paperwork, such as identification documents, proof of residency, photos, and so on, to specific legal organizations or independent practitioners for the quashing of FIR.

Step 2: After that, legal counsel is consulted to draft the petition. The name, addresses, and circumstances leading up to the aggrieved party’s fundamental rights being violated are all included in the document. Provide specific details about the “prayers” or requested court relief for quashing of FIR.

Step 3: After the court sets a date for a hearing for the quashing of FIR, it will accept the petition and notify the other party.

Step 4: Following that, a date is selected to ensure that both parties will be present.

Step 5: After hearing contentions from both parties, the court finally renders a verdict and provides relief. The criminal proceedings that were commenced as a result of the filed FIR will come to an end if the court quashes the report that was filed.

Writ Petition for Quashing of FIR: Format

The Writ Petition for Quashing of FIR format is provided below:

Since the criminal case is still in its early stages, the decision to quash a FIR should not be made hastily or carelessly. Since the FIR is the initial stage of the process, nothing concrete can be drawn from it in any case, but this does not give the court the authority to dismiss all FIRs in which a case cannot be made.

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