Quash - Dictionary Meaning
To overthrow; to annul; to make void or declare invalid; e.g., "quash a subpoena."
Here are the conditions described by Supreme Court in Sundar BabuVs State Of Tamil
Nadu (CRIMINAL APPEAL NO. 773 OF 2003) – 200, under which an FIR can be quashed
Unreasonable, obviously irregular, or oppressive subpoenas, injunctions, indictments,
and orders can be quashed by a court. For example, if jurors have been selected
improperly, the court can quash the proceedings.
In criminal cases, if an indictment is defective to such a degree that no judgment
could be made if the defendant were to be convicted, the court typically will quash
the indictment. In criminal cases, a motion made by the prosecution to quash an
indictment is much more likely to succeed than one made by the defense, whose motion
would appear self-serving.
1 Where the allegations made in the first information report or the complaint, even
if they are taken at their face value and accepted in their entirety do not prima
facie constitute any offence or make out a case against the accused.
2 Where the allegations in the first information report and other materials, if
any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation
by police officers under Sec.156(1) of the Code except under an order of a Magistrate
within the purview of Sec.155(2) of the Code.
3 Where the uncontroverted allegations made in the FIR or complaint and the evidence
collected in support of the same do not disclose the commission of any offence and
make out a case against the accused.
4 Where, the allegations in the FIR do not constitute a cognizable offence but constitute
only a non-cognizable offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under Sec. 155 (2) of the Code.
5 Where the allegations made in the FIR or complaint are so absurd and inherently
improbable on the basis of which no prudent person can ever reach a just conclusion
that there is sufficient ground for proceeding against the accused.
6 Where there is an express legal bar engrafted in any of the provisions of the
Code or the concerned Act (under which a criminal proceeding is instituted) to the
institution and continuance of the proceedings and/or where there is a specific
provision in the Code or the concerned Act, providing efficacious redress for the
grievance of the aggrieved party.
7 Where a criminal proceeding is manifestly attended with mala fide and/or where
the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance
on the accused and with a view to spite him due to private and personal grudge.