Quashing an FIR under Section 528 Bnss is sometimes challenging when you don’t know your constitutional right. Section 528 of the Bnss of the Indian Constitution provides a special right to citizens of India that anyone can file a petition in their respective high court for quashing an FIR if the FIR is false or fabricated.
In this blog, we will learn about Section 528 Bnss and the full procedure to nullify an FIR using Section 528 Bnss.
What is Section 528 Bnss?
Section 528 Bnss is a special power inherent in the High Courts of India that prevents the abuse of judicial power and secures justice. Under this section, the Honourable High Court has the special power to overrule the FIR if the FIR is lodged solely to harass someone or without any grounds or proof.
The Supreme Court has strongly brought to attention that the power of quashing an FIR can be practiced honestly and judiciously. Also, the Supreme Court has passed several landmark judgments that significantly decided the framework of the quashing proceedings that will help to stop unfair justice.
Supreme Court considerations for quashing an FIR under section 528 Bnss
The Supreme Court has considered some of the basic points in the previous pivotal judgment that are enough for quashing an FIR. Let us see on which grounds the FIR can be overruled:
- Malicious FIR: An FIR can be overruled if it is lodged solely to harass anyone without any facts.
- Lack of Prima Facie Cases: Primary evidence does not prove the allegations, and the case is under a cognizable offense.
- Mutual Settlement Between the Parties: A valid compromise can be one of the reasons that the FIR can be nullified.
- Abuse of the Law Process: An FIR can be overruled if the law process is abused only to fulfill a hidden purpose or due to some pressure or intent.
- Commercial Disputes: If the case is commercial but not criminal, then the high court may think of quashing an FIR.
Procedures for Quashing FIR under Section 528 Bnss
In this section, you will get to know the full procedure of quashing an FIR using Section 528 Bnss.
1. Consult And Hire A Lawyer
Firstly, you have to consult an experienced lawyer and tell them about your case. They will analyze and prepare your case through thorough legal analysis. They will help you with case building and evidence gathering. They will guide your entire documentation and represent you in the high court in the case proceedings.
2. Draft The Petition
Your lawyer will draft your petition that will carry—
- Copy of the FIR
- Evidence and Facts
- Grounds on which quashing an FIR can be done
- Requests for cancellation of the FIR
3. Tie Up The Supporting Documents
Tie the supporting documentation that may include:
- Copy of the FIR
- Settlement deed
- Proof of innocence
- Forensic results
- Affidavits
- Medical report
4. File The Petition
Once the petition is drafted with proper documentation, your lawyer will file the petition, and after that, the High Court will check and verify the petition and give the date for court proceedings.
5. Issue Notice To The Prosecution
After scrutiny of the petition, the High Court will issue the notice to the prosecution and ask them to attend the court proceeding and represent their side.
6. Be Present In The Court Hearing
Be present in each court hearing, and don’t try to miss them because it can represent a wrong perception of you in front of the High Court. The Honourable High Court will hear both parties’ arguments and evaluate the evidence and grounds, and it may be possible that the High Court will give both parties a chance of settlement, so that the nullifying of an FIR could happen.
7. Wait For High Court Decision
After the court hearing, either quash the FIR completely or reject the petition because the court feels that your evidence is insufficient. In this case, you have a chance to file a petition in the Supreme Court, but only if the chargesheet has not yet been filed.
Conclusion
Quashing an FIR is very necessary for all citizens of India so that their fundamental rights can be saved, and no one can harass any individual. If you are also dealing with a frivolous FIR, then you must choose the best criminal lawyer in Delhi so that they can file your petition and make your case strong. An experienced lawyer can help you get a clean chit from the High Court, as well as give you mental happiness and freedom.
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