A High Court can quash an FIR or a criminal proceeding using its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 482 of the Code of Criminal Procedure) or under Article 226. It does so only in limited situations, such as where the allegations disclose no offence or where the proceeding is an abuse of the process of the court.
- Category
- Criminal Proceedings
- Court or forum
- High Court
- Type of content
- General information, not legal advice
- Last updated
Purpose and background
A petition for quashing asks the High Court to set aside an FIR, a complaint, a charge-sheet or the proceedings that follow from them. The power comes from Section 528 of the BNSS, which saves the inherent powers of the High Court, and from the writ jurisdiction under Article 226.
The Supreme Court has explained in State of Haryana v. Bhajan Lal (1992) the kinds of situations in which a court may quash a proceeding, for example where the allegations, taken at face value, do not disclose an offence, or where the proceeding is manifestly malicious. Courts use the power sparingly and do not ordinarily stop a genuine investigation of a cognizable offence. Courts have also quashed proceedings arising from private disputes that the parties have settled, depending on the nature of the offence.
Jurisdiction: where is it filed?
The petition is filed in the High Court of the State where the FIR was registered or the proceeding is pending. It is separate from a bail application: quashing ends the case, while bail only secures release.
Procedural stages
- Obtain a copy of the FIR, the complaint and, if filed, the charge-sheet, and read the allegations closely.
- Decide the ground on which quashing is sought: no offence disclosed, abuse of process, or a settlement between the parties.
- Draft the petition with the facts, the grounds and the prayer. Where needed, ask for interim relief, such as a stay of the investigation or protection from coercive steps.
- File the petition and remove any registry objections.
- The court may issue notice to the State and the complainant and may consider interim relief at the first hearing.
- The respondents reply, the matter is heard, and the court decides whether to quash the proceeding or to leave it to continue.
Documents commonly required
- Petition with annexures
- Copy of the FIR or complaint
- Charge-sheet or investigation papers, if available
- Settlement or compromise deed and affidavits of the parties, if the petition is based on a settlement
- Documents relied on to show that no offence is made out
- Affidavit and authority or vakalatnama
Limitation and timing
There is no fixed limitation period for a petition under Section 528 BNSS or Article 226, but unexplained delay can weigh against the petitioner. A petition does not by itself stop an arrest or an investigation. Protection exists only if the court grants interim relief.
Common questions
Can a High Court quash an FIR after a charge-sheet has been filed?
Yes, in appropriate cases the High Court can quash the proceeding even after a charge-sheet. The court examines whether the material, taken at face value, discloses an offence or whether continuing the case would be an abuse of process.
Does filing a quashing petition stop the police from arresting?
No. A petition does not by itself stop an investigation or an arrest. Protection exists only if the court passes an interim order to that effect.
Can an FIR be quashed if the parties settle?
Courts have quashed proceedings arising out of private disputes when the parties have settled, depending on the nature and seriousness of the offence. Offences that affect society, such as serious crimes, are treated differently. The decision rests with the court.
Official references
- India Code, for the text of Central Acts
- Supreme Court of India
- Official website and rules of the High Court concerned
- How to find the right High Court