Filing a First Information Report (FIR) is often the first step in initiating criminal proceedings in India. However, when an FIR is filed with malicious intent, is based on false allegations, or lacks prima facie evidence, it may become necessary to seek quashing of FIR before the High Court to prevent misuse of legal machinery.
This article offers an in-depth understanding of how to quash FIR, outlines the grounds for quashing of FIR, highlights the latest judgments on quashing of FIR, and explains the legal procedure under the Code of Criminal Procedure (CrPC), 1973/Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
What is Quashing of FIR?
Quashing of FIR refers to a judicial remedy whereby the High Court nullifies or cancels a First Information Report, effectively putting an end to the criminal proceedings initiated under that FIR.
The power to quash FIRs stems from Section 482 of the CrPC/Section 528 of BNSS, which preserves the inherent powers of the High Court to prevent abuse of the process of the court and to secure the ends of justice.
Quashing of FIR under CrPC/BNSS: Understanding Section 482/Section 528 of BNSS
Quashing of FIR is governed by Section 482 CrPC/Section 528 of BNSS, which allows High Courts to:
- Prevent abuse of legal process
- Secure ends of justice
- Intervene in cases where continuation of proceedings would amount to injustice
It is important to note that this power is discretionary and must be exercised judiciously.
Grounds for Quashing of FIR
The grounds for quashing of FIR are not rigidly defined but have been developed through judicial pronouncements. Some common grounds include:
- No Prima Facie Offence: If the allegations in the FIR do not disclose any offence.
- Civil Disputes Camouflaged as Criminal Cases: For example, contractual breaches.
- Settlement Between Parties: In compoundable offences, particularly in matrimonial or commercial disputes.
- Lack of Evidence: When the FIR is based on hearsay or unverifiable claims.
- Abuse of Process: FIRs filed to harass or intimidate individuals.
- Delay in Filing: Unexplained and unreasonable delay may also be a factor.
These criteria have been elaborated in various Supreme Court decisions on false FIRs, reinforcing the need for judicial scrutiny.
Latest Judgment on Quashing of FIR
The Supreme Court and various High Courts continue to refine the scope of FIR quashing in High Court. In the recent case of Parbatbhai Aahir v. State of Gujarat (2017), the Supreme Court outlined ten guiding principles for FIR quashing, emphasizing:
- The stage of investigation (pre or post-charge sheet)
- Whether the offence is compoundable or non-compoundable
- Whether continuation would lead to manifest injustice
Another important ruling is Narinder Singh v. State of Punjab (2014), which stressed the possibility of quashing even non-compoundable offences under certain circumstances where the parties have settled, provided it doesn’t impact society at large.
These latest judgments on quashing of FIR underscore the court’s obligation to strike a balance between individual rights and societal interests.
How to Quash FIR: Legal Procedure
Understanding how to quash FIR involves the following steps:
1. Filing a FIR Quashing Petition
A FIR quashing petition is filed under Section 482 CrPC/Section 528 of BNSS in the jurisdictional High Court.
2. Documents Required for Quashing of FIR
You must submit:
- Copy of FIR
- Copy of charge sheet (if any)
- Affidavit by petitioner
- Settlement deed (if applicable)
- Criminal case status from police
- Identity and address proofs
These documents required for quashing of FIR are critical to establish your claim.
3. Grounds Must Be Clearly Stated
The grounds for quashing of FIR—be it lack of evidence, malicious prosecution, or settlement—must be specifically pleaded.
4. Appearances and Hearings
Both parties are generally heard. In case of compromise or mutual consent (as in matrimonial cases), both parties may be required to appear in person with the criminal lawyer in india.
5. Court’s Discretion
The court may quash the FIR completely, partially, or dismiss the petition based on merits.
FIR Quashing in High Court: When Can It Be Done?
FIR quashing in High Court can be done at any stage:
- Before investigation
- After charge sheet but before framing of charges
- During trial (rare)
However, courts often discourage late-stage applications unless there is manifest injustice.
Practical Scenarios Where Quashing Is Allowed
1. Matrimonial Disputes
In cases of Section 498A IPC/Section 528 of BNSS, where spouses have settled amicably, courts routinely allow quashing of FIR under CrPC/BNSS to encourage reconciliation and avoid unnecessary litigation.
2. Business/Commercial Disputes
Many times, a breach of contract or non-payment issues lead to frivolous FIRs. Courts have quashed FIRs that are essentially civil in nature.
3. Political or Personal Vendetta
Where FIRs are clearly filed to damage someone’s reputation or exert pressure, the High Court may intervene.
The Hon’ble Supreme Court in the case of Imran Pratapgadhi V State of Gujarat and Another 2025 SCC OnLine SC 678 has held that there is no absolute bar on High Court quashing FIR at nascent stage of investigation. Para 37 of the said judgment is reproduced below:
“37…There is no absolute rule that when the investigation is at a nascent stage, the High Court cannot exercise its jurisdiction to quash an offence by exercising its jurisdiction under Article 226 of the Constitution of India or under Section 482 of the CrPC equivalent to Section 528 of the BNSS. When the High Court, in the given case, finds that no offence was made out on the face of it, to prevent abuse of the process of law, it can always interfere even though the investigation is at the nascent stage. It all depends on the facts and circumstances of each case as well as the nature of the offence…”
Supreme Court Decision on False FIR
In State of Haryana v. Bhajan Lal (1992), the Supreme Court laid down specific categories where FIRs could be quashed, including:
- Where the allegations are inherently improbable
- Where there is no cognizable offence
- Where the proceedings are manifestly attended with mala fide intent
This Supreme Court decision on false FIR remains the cornerstone for quashing of FIR petitions even today.
Can All FIRs Be Quashed?
Not all FIRs can be quashed. For example, in heinous crimes, public offences, or where the offence impacts society—such as murder, rape, or corruption—the courts are extremely cautious.
Also, quashing of FIR section under Section 482 CrPC/Section 528 of BNSS does not mean automatic immunity. The discretion lies entirely with the court.
Conclusion: Judicial Relief Against Abuse of Process
The process of quashing of FIR is a vital judicial tool that ensures the criminal justice system is not misused for harassment, personal vendettas, or civil disputes. With rising awareness and increasing FIR quashing petitions, courts are balancing individual liberty and public interest through landmark rulings and cautious interventions.
Understanding the legal procedure, eligibility, and grounds for quashing of FIR can save innocent individuals from protracted criminal trials and unjust prosecution.
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FAQs on Quashing of FIR
Q: Can FIR be quashed after charge sheet?
Answer: Yes. However, the burden is higher as the investigating agency has already concluded a prima facie case.
Q: Is personal presence required in High Court?
Answer: Yes, especially in cases involving compromise or settlement.
Q: Can police quash an FIR?
Answer: No. Only the High Court has the power under Section 482 CrPC/Section 528 of BNSS to quash FIRs.
