AI Overview...
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Prima Facie Establishment of Offence - The courts consistently emphasize that for FIR quashing, the allegations must prima facie establish a cognizable offence. If the investigation or evidence suggests the offence is proved or the allegations are credible, the FIR should not be quashed. For example, in INDRAJ00000035362, allegations under Section 376(2)(n) of IPC were found to be prima facie established, warranting continued investigation Inder Puri Goswami vs State Of Rajasthan - Rajasthan.
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Absence of Prima Facie Evidence - When allegations are vague, absurd, or inherently improbable, courts tend to quash the FIR as no prima facie offence is established. In INDMP00000117582 and 01800033979, the courts held that FIRs lacking prima facie proof of offences like forgery or criminal intimidation could be quashed SANJAY UPADHAYAY vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, Shanti Swaroop VS State of H. P. - Himachal Pradesh.
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Specific Offence Criteria - The courts assess whether the facts disclosed in the FIR constitute a cognizable offence. For instance, in 01800034229, the FIR was not quashed because it disclosed a prima facie commission of offences, whereas allegations that do not meet this threshold are grounds for quashing Satyabhan Singh vs State of Himachal Pradesh - Himachal Pradesh.
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Legal Principles for Quashing - Quashing is permissible when the FIR does not prima facie disclose an offence, or allegations are vague, or there is no material to support the offence. Courts follow principles from precedents like B.Bhajanlal, which state that if no prima facie case can be established, the FIR should be quashed FAISAL FARUK KESARI vs STATE OF GUJARAT - Gujarat.
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Role of Investigation - The investigation's findings can influence whether the FIR is maintained. A detailed enquiry or investigation that reveals sufficient evidence supports the continuation of proceedings, as seen in the case under Section 154 of CrPC Jagtar Singh VS State of Punjab - Punjab and Haryana.
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Conclusion - The primary criterion for quashing an FIR is whether the allegations, on their face, prima facie establish a cognizable offence. If they do, the FIR should not be quashed; if they do not, or are inherently improbable, courts are inclined to quash the FIR to prevent unwarranted proceedings Inder Puri Goswami vs State Of Rajasthan - Rajasthan, SANJAY UPADHAYAY vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, Shanti Swaroop VS State of H. P. - Himachal Pradesh, FAISAL FARUK KESARI vs STATE OF GUJARAT - Gujarat, Satyabhan Singh vs State of Himachal Pradesh - Himachal Pradesh.
Search Results for "No Fir if Prima Facie Not Proved Cognoizable Offence"
2025 Supreme(Online)(Raj) 10681 • India - High Court of Rajasthan (Jodhpur Bench)
KULDEEP MATHUR, J
been prima facie established against the petitioners, thereby not warranting quashing of the FIR. ... This Court examines the allegations made in the FIR concerning offences under Section 376(2)(n) of IPC, determining that they have ... The factual report dated 15.05.2025 indicates that in the result of investigation, the offences under Section 376(2)(n) of IPC have been prima facie found to be proved against the ....
1997 0 Supreme(MP) 608 • India - Madhya Pradesh
S.K.KULSHRESTHA
where the allegations in the FIR do not prima facie constitute any offence or where the allegations are absurd and inherently improbable ... OFFENCE - SEVERANCE OF RELATIONSHIP OF HUSBAND AND WIFE - TO BE PROVED BY PETITIONER - INVESTIGATION AGENCY TO COME TO ITS OWN CONCLUSIONS ... Whether the FIR disclosed a cognizable offence, allowing the police to investigate. 2. ... ... (1) where the allegations made in the ....
2025 Supreme(Online)(MP) 3931 • India - High Court of Madhya Pradesh
ANURADHA SHUKLA, J
The statements and FIR reflected adequate substance for a cognizable offence. ... ... Result: Petition dismissed. ... on their face, the FIR should not be quashed. ... allegations by the daughter-in-law against the applicant -No requirement for police to refer matters to mediation when there is prima-facie ... Information Report taken on their face value and accepted in their entirety would prima-facie constitute an of....
1998 0 Supreme(P&H) 1468 • India - Punjab and Haryana
K.K.SRIVASTAVA
ASCERTAINING PRIMA FACIE COGNIZABLE OFFENCE - DETAILED ENQUIRY CONTRARY TO SECTION 154 - INVESTIGATION AFTER REGISTRATION OF FIR. ... CRIMINAL PROCEDURE CODE - SECTION 154 - REGISTRATION OF FIR - MANDATORY - COGNIZABLE OFFENCE - ENQUIRY BY POLICE - LIMITED TO ... upon receiving information about a cognizable offense. ... ascertaining prima facie if the occurrence disclosed commis....
2024 0 Supreme(HP) 315 • India - Himachal Pradesh
RAKESH KAINTHLA
offence as no adequate proof of forgery or criminal intimidation is presented - Quashing of FIR is warranted when no prima facie ... ... ... Ratio Decidendi: The court held that quashing of an FIR is permissible if it does not prima facie establish any criminal ... - Allegations of false parentage and criminal intimidation - Court held that FIR does not disclose commission of any cognizable ... ....
2025 Supreme(Online)(Guj) 7328 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
IPC sections 323, 504, 506(2), 114 - The Court held that allegations do not constitute a prima facie case against the accused - Acquittal ... B.Bhajanlal, AIR 1992 SC 604, are applicable: If no prima facie case can be established from the FIR, it warrants quashal. ... (A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - The petitioners sought to quash an FIR for offences under ... entirety do not ....
2023 Supreme(Online)(KER) 33243 • India - High Court of Kerala
Kausar Edappagath, J
... ... Findings of Court: ... The court concluded allegations did not prima facie constitute a cognizable offense; hence, the FIR ... ... ... Issues: The key issues were whether the FIR disclosed a cognizable offence and if allegations were sustainable without evidence ... that mere acceptance of money without a demand doesn't constitute an offence under the Act. ... Their right of inquiry is conditioned by th....
2025 0 Supreme(HP) 222 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
allegations do not constitute a cognizable offence - The FIR was not quashed as it disclosed prima facie commission of offences. ... that FIRs can be quashed when allegations do not prima facie constitute an offence, or are vague and general, or if there is an ... a cognizable offence and whether the FIR should be quashed base....
2025 Supreme(Online)(HP) 4148 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
The court ultimately found that the petitioner, being a general physician, had not violated copyright as claimed, and the FIR's continuation ... The present petition seeks to quash FIR No. 131 of 2022 for purported copyright violation under Section 63 of the Copyright Act. ... The court reiterated established principles regarding FIR quashing, emphasizing clear criteria for when such actions are permissible ... In the present case, the allegations in the FIR make out a prima facie #HL_....
2025 Supreme(Online)(MP) 3611 • India - High Court of Madhya Pradesh
MADHU, J
- Allegations against petitioners did not establish a prima facie case of forwarding examination questions or breach of trust - ... ... ... Issues: Whether the allegations in the FIR constitute an offence against the petitioners. ... ... ... Ratio Decidendi: The court determined that the allegations did not meet the threshold for establishing an offence, thus justifying ... (4) Where the allegations in the FIR do not constitute....
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