Quashing of FIR is a legal remedy that allows a High Court to cancel a First Information Report (FIR) and stop the criminal proceedings that flow from it. If you are named in a false or baseless FIR, you may not have to wait years for a trial to clear your name. This guide explains what quashing of FIR means, the section under the new criminal law, the grounds on which courts quash FIRs, and the step-by-step process.
What Is Quashing of FIR?
To “quash” means to set aside or annul. When a High Court quashes an FIR, the case is closed at that stage itself. The police investigation ends, and if a chargesheet has been filed, the trial does not go ahead. In simple terms, the court decides that continuing the criminal case would be unfair or pointless.
Quashing is an extraordinary remedy that courts use sparingly, as the police are normally allowed to investigate and the trial court to decide guilt on evidence.
Quashing of FIR Under BNSS: Which Section Applies?
Earlier, petitions for quashing were filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), which preserved the “inherent powers” of the High Court. Since 1 July 2024, the CrPC has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The equivalent provision for quashing of FIR under BNSS is Section 528, which saves the inherent powers of the High Court to:
- give effect to any order under the BNSS;
- prevent abuse of the process of any court; or
- otherwise secure the ends of justice.
Note that Section 482 of the BNSS now deals with anticipatory bail, so do not confuse the two. You can read more in our guide on anticipatory bail under Section 482 BNSS.
A quashing request can also be made through a writ petition under Article 226 of the Constitution, and in rare cases the Supreme Court may be approached under Article 32. Usually, the petition is filed before the High Court having jurisdiction over the police station concerned.
Grounds for Quashing of FIR
The Supreme Court’s decision in State of Haryana v. Bhajan Lal (1992) laid down illustrative categories in which an FIR may be quashed. These remain the main reference point today. Broadly, the grounds for quashing of FIR include:
- No offence disclosed: even if every allegation in the FIR is accepted as true, it does not make out any crime.
- Absurd or improbable allegations: the story is so inherently unbelievable that no sensible person could conclude there is a case.
- Legal bar: a law expressly bars the proceedings, or a required sanction or procedure has not been followed.
- Malicious prosecution: the FIR was clearly filed with an ulterior motive, such as personal revenge or to pressure the accused.
- Purely civil dispute: a money, contract or property dispute has been given a criminal colour to pressurise the other side.
- Settlement between the parties: in suitable cases, discussed below.
Quashing of FIR on the Basis of Compromise
Some offences are “compoundable”, meaning the victim can legally settle them. But the High Court can also quash FIRs in certain non-compoundable offences if the parties have genuinely settled. In Gian Singh v. State of Punjab (2012), the Supreme Court held that this power may be used where the dispute is essentially private in nature, such as commercial, financial or family disputes.
However, serious offences such as murder, rape, dacoity and offences against society at large are generally not quashed merely because the parties have compromised. Matrimonial cases, including those under the provision on cruelty by husband or relatives (Section 85 BNS, earlier 498A IPC), are often quashed after a genuine settlement, especially alongside a mutual divorce.
Quashing of FIR in High Court: Step-by-Step Process
- Consult a criminal lawyer practising before the relevant High Court.
- Drafting the petition: the lawyer prepares a petition under Section 528 BNSS (or a writ under Article 226) setting out the facts, the grounds and the relief sought.
- Supporting affidavit: the petitioner signs an affidavit verifying the facts.
- Filing and listing: the petition is filed in the High Court registry, court fees are paid, and the matter is listed before a bench.
- Notice and hearing: the court issues notice to the State (and usually the complainant), hears arguments, and may call for the police status report.
- Interim relief: in some cases the court may direct that no coercive steps be taken against the petitioner while the petition is pending, though courts grant such orders cautiously.
- Final order: the court either quashes the FIR or dismisses the petition, leaving the accused to face investigation or trial.
Documents Required for Quashing of FIR
- Certified or downloaded copy of the FIR
- Copy of the chargesheet, if already filed
- Identity proof and address proof of the petitioner
- Documents supporting your defence (agreements, emails, bank records, prior complaints)
- Settlement deed or compromise agreement and affidavit of the complainant (in compromise cases)
- Copies of any bail or anticipatory bail orders
Can an FIR Be Quashed After the Chargesheet Is Filed?
Yes. The Supreme Court has held that the High Court’s inherent power does not end merely because the police have filed a chargesheet. The court can still examine whether the FIR and the chargesheet, read together, disclose an offence. That said, once the matter reaches trial and evidence is being recorded, courts are more reluctant to interfere and may ask the accused to seek discharge before the trial court instead.
What Happens After an FIR Is Quashed?
Once the FIR is quashed, the investigation and any pending trial come to an end, and bail bonds are generally discharged. The State or complainant may appeal to the Supreme Court. For how FIRs are registered across jurisdictions, see our explainer on Zero FIR in India.
Frequently Asked Questions
Under which section is quashing of FIR filed now?
Quashing of FIR is now filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 482 CrPC. A writ petition under Article 226 of the Constitution is also possible.
Which court can quash an FIR?
Only the High Court (and the Supreme Court) can quash an FIR. A Magistrate or Sessions Court cannot quash an FIR, though the trial court can discharge an accused at the appropriate stage.
Can an FIR be quashed if the complainant agrees to a compromise?
Yes, in many cases of a private nature, such as matrimonial, commercial or money disputes, the High Court may quash the FIR on the basis of a genuine compromise. Serious offences like murder or rape are generally not quashed on compromise.
How long does quashing of FIR take?
There is no fixed time limit. Depending on the High Court’s workload and whether the State opposes the petition, it can take anywhere from a few weeks to several months or longer.
Is there a time limit to file a quashing petition?
No specific limitation period applies to a petition under Section 528 BNSS, but it is advisable to file it promptly, as unexplained delay may weigh against the petitioner.
Disclaimer: This article is for general information only and does not constitute legal advice. Laws and court interpretations may change, and the outcome of every case depends on its facts. Please consult a qualified advocate before taking any legal action.