498A-These are the main conditions to be met for quashing a criminal case- As Per Hon. Supreme court
Evidences are not taken into consideration while judges view the petition for quashing of Criminal case under Crpc 482. FIR/Chargesheet and all the documents attached with the charge sheet is the only thing which is taken into consideration while deciding on a Quashing petition.
Nothing other than Chargesheet/FIR is considered at the time of Quash Petition to High court.
As per direction given by Hon. Supreme Court…these are the main conditions (any one) to be met for quashing a Case criminal case. court made it clear that it may not be possible to lay down any precise, clearly defined and sufficiently channelized and inflexible guidelines or rigid formulae and to give an exhaustive list to kinds of cases wherein such power should be exercised:
“(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”
If you feel that your chargesheet/FIR contain any one or more matches from the above list then you can go for Quash at High court. However chances for quashing are very less. High court generally ask the accused to go for trial and prove them innocent.