Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
For the Appellants/Petitioners: Ashish Naithani
For the Respondents: S. S. Chauhan, Vikash Uniyal

The High Court should refrain from quashing FIRs post charge-sheet filing as proper remedies lie in the trial court.

Headnote:(A) Constitution of India - Article 226 - Petition for quashing of FIR - Allegations deemed false and supported by a cancellation request from the complainant - Jurisdiction of High Court considered in light of completed investigations and charge-sheet submissions - Noted the extraordinary nature of writ jurisdiction and the necessity for factual determinations to be made at the trial court level. (Paras 3-10)

(B) Quashing of FIR - The principle that once a charge-sheet is filed, FIR merges into the charge-sheet, and the proper recourse for accused is to approach trial court for legal defenses and not through writ petition. (Paras 6-10)

Facts of the case:
The petitioners seek to quash an FIR alleging various criminal offences, asserting that the FIR is based on false and frivolous claims, while the complainant wishes to withdraw the complaint based on a subsequent agreement.

Findings of Court:
Given the investigation leads to a charge-sheet, the Court refused to quash the FIR, emphasizing that proper remedies are available before the trial court.

Issues: Whether the FIR can be quashed after the charge-sheet has been filed?

Ratio Decidendi: The court affirmed its reluctance to interfere in completed investigations when charge-sheets are submitted, directing accused to utilize available legal remedies.

Result: Writ petition stands disposed of.

SL. N o .	D a t e	Of f i ce N o t e s, r e p o r t s, o r d e r s o r p r o ce e d i n g s o r d i r e ct i o n s a n d Re g i st r a r ’ s o r d e r w i t h Si g n a t u r e s	COURT’ S OR JUD GE’ S ORD ERS
			H WPCRL No. 782 of 2025 o n ’ b l e A sh i sh N a i t h a n i , J. learned counsel for the Ms. Nisha Bora, petitioners. Mr. S. S. Chauhan, learned D.A.G. assisted by 2. Mr. Vikash Uniyal, learned Brief Holder for the State. The present writ petition under Article 226 of 3. the Constitution of India is filed by the petitioners for quashing of the impugned F.I.R. lodged by the respondent no.2 against the petitioners on 05.06.2024 registered as F.I.R No.0162 of 2024 for the alleged offences punishable under Sections 147, 323, 356, 504 & 506 of IPC, Police Station Transit Camp, Rudrapur, District Udham Singh Nagar. 4. Learned counsel for the petitioners submits that the allegations contained in the impugned FIR are false, frivolous and motivated and the respondent no.2/complainant himself sent an application dated 19.12.2024 before the Police Station Incharge, Police Station – Transit Camp, Rudrapur, District Udham Singh Nagar to cancel the FIR No.0162 of 2024 as the written agreement dated 19.12.2024 has been reached between both the parties and on the basis of said agreement, the dispute between the parties is now over, therefore, the FIR deserves to be quashed in exercise of the extraordinary jurisdiction of this Court.