• Can the case be dismissed

FIR was charged against me on 4-10-2017 (FIR No 1638/17 ) . I was called to the police station on 16.10.2017 and was released on station bail. They have charged IPC 354 D. But after which no response was there . Recently I got a govt job and when applied for a police clearance certificate i came to know the FIR is pending. The police has not filed charge sheet till date to my knowledge . Can I quash the FIR based on expiry of limitation period.
Asked 2 years ago in Criminal Law
Religion: Hindu

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7 Answers

- As per the Section 173 of CRPC , the investigating officer is bound to submit the chargesheet within 60 days after the completion of investigation with extending 180 days. 

- Further, Section 468(2)(c) of Cr. P.C specifies that no Court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from the date of alleged incident.

- Hence, you can approach the High Court for quashing the FIR on the ground of expiry of limitation and other grounds. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

Yes you can file quashing in HC

Prashant Nayak
Advocate, Mumbai
32914 Answers
209 Consultations

Once FIR is filed and accused is out on bail, there is no limitation applicable for filing charge sheet. You can seek to quash the FIR on merit but non the ground of limitation.

Ravi Shinde
Advocate, Hyderabad
4476 Answers
42 Consultations

As the police has not pursued the case and have not filed charge sheet yet despite passing of 5 years from the date of FIR , you can file a petition under section 482 cr.p.c. before high court to quash the FIr for the said reasons besides other merits in the case. 

T Kalaiselvan
Advocate, Vellore
87798 Answers
2364 Consultations

Kindly check that was FIR or NC. NC means Non Cognizable COMPLAINT. It's valid in Maharashtra for six months kindly check in Kerala State police.

There are two types of criminal complaints ie. Cognizable and non cognizable (NC).

In your case kindly check whether it is cognizable or non cognizable complaint.

  • In cognizable offense police issue FIR and start Investigation.
  • In non cognizable offense police register NC and gives copy to the complaintant .

In NC complaints complainant have to go to court for further procedure.police don't have power to investigate NC complaints.

Generally normal complaints like u/s 323,504,506 ect.(simple beating, abusing,threat) Indian penal code are NC complaints and serious complaints like u/s 379,380,420 indian penal code (theft, cheating)324,326,307,302,376 IPC ect. (beating by deadly weapon, attempt to murder,murder,rape)are cognizable complaints.


Kindly check whether with concern police station whether they had really register FIR or just made a note in the daily notebook?

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

File petition in HC for quashing of FIR 

Ajay Sethi
Advocate, Mumbai
97594 Answers
7900 Consultations

Dear client,  you can do that.

Anik Miu
Advocate, Bangalore
10417 Answers
121 Consultations

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