Quashing

WHAT IS QUASHING AND HIS EFFECT ON CASE ?

“Quashing” a legal term, meaning of quashing is disposed of or finish a criminal case before the ending of the trial or passing a judgment. When a criminal case is registered against someone in the court either by the police or a private person, then case must be proved by the complainant against the accused person and alleged accused person try to prove innocent to him before the trial court.

Our criminal legal procedure runs on the basis of two Pillars:-

1.Indian penal Code (IPC)

Our Indian Penal code describes that, when a crime is committed by a person under what section he will be arrested i.e. give name of the crime, how much the sentenced can be awarded to the offender, offence is cognizable or non-cognizable, before which court is triable and last is offence is compoundable or not compoundable.

2.Code of Criminal Procedure (Cr. P.C).

Our Criminal Procedure Code describes that, how the police and Court deal with a criminal case and describe the power of the police and court.

Power to quash a criminal Case:-

In our penal code offence divided in two categories compoundable and Non-Compoundable.

What is compoundable?  There no specific definition of compoundable in the law. But in a simple meaning that case can quash by the trial court, for example when the parties of the case is settled the matter amicably or by the compromise and offence is compoundable then trial court has power to quash the case but when the case is nature of non-compoundable then only High Court of the state and Supreme Court of India has the power to quash the case.

When the party wants quash the case on merit then it doesn’t matter offence is compoundable or not, power is only given to High Court and Supreme Court of India.

Difference between the Quashing and Appeal or Revision

The Process of quashing is a different process from an appeal and revision case. The main difference is there is such a no provision is laid down in the Cr.p.c (Criminal Procedure Code of India) of quashing a case. Section 482 of the Cr.p.c give the inherent power to the Hon’ble High court and using of this inherent power, High court can quash the criminal case. For filing an appeal or revision petitioner have to wait a specific stage of the case but as compare to appeal or revision, petitioner can file the quashing petition before the Hon’ble High Court at any stage of the case if he has sufficient ground to file.

No Side Effect of quashing petition

In this no doubt, every case will not reach on is positive result. Some time petitioner not gains a positive result in his case and quashing is also not a mandatory or law bound process like the appeal or revision for the petitioner. It is purely a choice of a petitioner if he believed that the present case is false or has some legal loop and he will not need to wait till the end of the trail. If the petitioner file a quashing petition before the Hon’ble Court and succeed, then case will be quashed against him with all subsequent proceeding and if not, then it’s not give any bad effect to the merit of his case before trail court and he gain proper opportunity to prove innocent to himself.

Advocates in Chandigarh has successfully dealt with many quashing of FIR matters on behalf of their clients too. While it is ensured that some amount of justice is meted out to a person making a mistake, if there are other ways of resolving the dispute, the special team of Advocates in Chandigarh has successfully managed to bring about such agreements too.