Chances are 100% but depending upon the IPC attracted sections. Even after chargsheet we can quash the FIR.
Do let us know the FIR Sections we may help you further more.
What are the chances of getting an FIR quashed earlier
What is the % of possible success rate for an FIR to be quashed? whats the time required after quash petition is requested? under karnataka highcourt
Asked 5 years ago in Criminal Law
Religion: Hindu
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18 Answers
under sections 66C , 66D OF INFORMATION TECHNOLOGY ACT AND 419, 4200 IPC SECTIONS.
Asked 5 years ago
Hi
Getting or not getting of favourable order cannot be quantified.
More particularly when it is related to Quashing of FIR.
However, the same depends on various factors i.e., the person asking for Quash has to prove his case with material evidence / proofs.
Further, the quantification is not possible. (It can be presumed at 50% : 50%).
Chances of getting FIR quashed depends upon the case to case. High Court exercises this jurisdiction under 482 of Crpc only if the case is not prima facie made out and there is abuse of process of law. As of i know charges of Advocate depends upon his standing in the court. But on average i would say 50,000.
See quashing of FIR is based on the merits of the case and prima facie evidence.
Sir FIR and the related facts have to be seen, you can file a quashing petition based on the merits of the case.
quashing is to be done only in exceptional circumstances
2) HC is reluctant to quash FIR pending completion of investigations
3) wait for investigations to be completed and charge sheet filed
4) then based on legal advice file for quashing or discharge before trial court
Act as mentioned herein above
Respected sir...
Law always work on the evidence and when you have sufficient means of evidence that you are innocent then apply to the high court along with supporting evidence it is description power of judge to quesh it but in most of cases that we seen when there are evidence then court used to quash the FIR as court does not want to put extra burden on the lower court..
Thank you
It depends on the primafacie offence if maintanable then the same is not quashed. Time can't be protected
Tell the facts in details for a concrete advice
Share the copy of the FIR and your defence in detail to get a concrete advise on the aspect of FIR quashing
The fir will be quashed if there is substance in your petition hat it is a false and frivolous fir and has been lodged with a malicious intent so as to have you arrested and defame you. It all wldepends upon the facts and circumstances of the case.....1-2 months.
Regards
there is no success rate parameter quashing of FIR is based on the material supplied and the FIR Court has to see all the material factors before quashing the FIR.
Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence.
If the police dont file a chargesheet for a long time after FIr is registered then you can apply under section 482 crpc to quash the fir. Usually evidence must be hard core like say when crime occured you were not in the country or youbare definitely not the accused.Otherwise most courts prefer lower courts to dismiss a case and prefer to deal at appeal stage.
What are the charges?
What are the sections under which the FIR has been registered?
How many accused are ther in the FIR?
What is the fact of the case?
Without knowing any details no concrete opinion can be rendered.
FIR quash is generally not entertained by high courts as a routine, however if you have strong grounds and the defacto complainant is ready and willing to give an affidavit before high court expressing no objection to this quash petition, there are chances for quash.
Dear
It depends on the merits of case that how much time the petition of quashing will take to reach decision.
