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Anik

Responded 1 week ago

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A.Dear Client,

To seek the quashing of an FIR, one must file a petition before the High Court under Section 482 of the Criminal Procedure Code, 1973. This section grants the High Court the authority to dismiss criminal proceedings if it's proven that the FIR was lodged maliciously, with the intent to cause harm or inconvenience, and lacks truth. The burden of proof lies with the petitioner to demonstrate these circumstances to the court. Alternatively, an application for FIR quashing can be made under Article 226 of the Constitution of India, invoking the High Court's extraordinary jurisdiction through a Criminal Miscellaneous Writ Petition.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week ago

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A.Dear Client,
For quashing an FIR you have to file a petition before the High Court under Sec.482 of the Criminal Procedure Code, 1973. The Sec.482 Cr. PC empowers the High Court to dismiss criminal proceedings against the accused. It is essential to prove to the court that the FIR was lodged maliciously to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for quashing of an FIR can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 week ago

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A.Dear Sir,
You have to file application under Section 482 of Cr.P.C before High Court. First try for interim order for staying further investigation thereafter try for entire quashing of FIR.
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