Where a false FIR is lodged against an individual by someone to implicate him in a false case falsely, then in such a case-

The Application can be filed by an individual under Section 482 of CrPC to the High court for getting the false FIR filed against him quashed.

Section 482. Saving of inherent powers of High Court. Under this Section, the High court has been vested with the inherent powers and authorities to pass any order which is essential in order to

• Prevent abuse of process of Courts; or
• To ensure that the people’s rights are protected.

In Som Mittal vs Govt. of Karnataka, the Supreme Court decided that,

• When serious miscarriage of justice would be committed if the trial is permitted to proceed; or
• Where the accused would be harassed unreasonably if the trial is permitted; or
• When prima facie, it appears to the court that the trial would likely be ended in acquittal.

Then the fundamental power of the Court u/s 482 of the Code of Criminal Procedure can be raised by the High Court either

• To prevent abuse of process of any Court, or otherwise
• To secure the ends of justice

Grounds based on which one can go to High Court u/s 482 of CrPC for Quashing a frivolous FIR

An individual can approach the High Court for getting the made-up FIR quashed by filing an application under Sec 482 of CrPC on the following grounds –

• The Acts or omission based on which the FIR has been lodged does not establish a crime.
• The Offence for which the FIR has been lodged against the accused has never happened.
• The FIR contains baseless allegations without any reasonable grounds to prove an offence against the accused.

In the case of Abasaheb Homme vs the State of Maharashtra, the court’s power to dismiss the FIR should be exercised sparingly and only after the court’s requisite precedents have been satisfied.