Quashment is the process of having an FIR or criminal proceedings set aside by the High Court Division through a writ petition. It is one of the most powerful remedies available to an accused person in Bangladesh, allowing them to have a malicious or legally unsustainable case dismissed before it reaches trial. TRW — Tahmidur Rahman Remura Wahid Law Associates files quashment petitions before the High Court Division with precision and legal expertise.
Legal Basis for Quashment
The High Court Division's power to quash criminal proceedings is derived from its inherent jurisdiction under Section 561A of the CrPC and its constitutional jurisdiction under Article 102 of the Constitution of Bangladesh. The High Court Division can quash criminal proceedings where: the FIR does not disclose any offence; the allegations are inherently improbable; the FIR is manifestly motivated by malice or personal vendetta; the proceedings are an abuse of the process of the court; and the continuation of the proceedings would cause injustice.
The Supreme Court of Bangladesh has held that the power to quash should be exercised sparingly and only in cases where the court is satisfied that allowing the proceedings to continue would be an abuse of the process of the court.
Grounds for Quashment
TRW files quashment petitions on the following grounds. The FIR does not disclose the ingredients of the offence charged. The allegations are vague, general, and without specific details. The FIR is filed as a counter-blast to a civil dispute. The FIR is filed by a person who has a personal vendetta against the accused. The offence alleged is compoundable and the parties have reached a compromise. The accused has been falsely implicated. The investigation has been conducted in a biased manner. TRW identifies the most compelling grounds for quashment in each case and presents them clearly and concisely to the High Court.
Stay of Proceedings During Quashment
When a quashment petition is filed, TRW applies for a stay of the lower court proceedings pending the hearing of the petition. Without a stay, the lower court proceedings continue, and the accused may be required to appear before the lower court while the quashment petition is pending. TRW obtains a stay order to protect the accused from this inconvenience.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's High Court team file quashment petitions before the High Court Division. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How long does a quashment petition take?
A: A quashment petition can be heard within a few weeks if it is urgent. TRW applies for an urgent hearing in appropriate cases.
Q: Can a quashment petition be filed for any offence?
A: Yes. Quashment can be sought for any criminal proceeding where the grounds for quashment are made out.
Q: What happens if the quashment petition is dismissed?
A: If the quashment petition is dismissed, the lower court proceedings continue. TRW then focuses on the defence at trial.
