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Quashing of FIR in High Court
Quashing of an FIR (First Information Report) refers to the legal process of getting the FIR registered against an individual set aside or canceled by the High Court. This is generally sought when a person believes that the FIR was filed on false, frivolous, or baseless allegations, or if there is no prima facie case to justify criminal proceedings. Adv. Anupama Sharma explains that an individual can file a petition for quashing an FIR under Section 482 of the Criminal Procedure Code (CrPC) in the High Court. The court, after reviewing the facts and circumstances, has the discretion to quash the FIR if it finds that the allegations are not of a serious nature, or if continuing with the case would be an abuse of the judicial process.
In most cases, the High Court will only quash an FIR if it is convinced that there is no substance in the charges or if the matter is civil in nature, rather than criminal. Adv. Anupama Sharma also notes that the quashing of an FIR does not prevent the filing of another FIR or the initiation of criminal proceedings, should fresh evidence or facts come to light. The decision to quash is based on the merit of the case and the interests of justice.
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