Introduction
Filing a First Information Report (FIR) is the cornerstone of criminal investigation in India. However, there has been a growing trend of misuse of this mechanism for personal vendetta, harassment, or to exert pressure in civil disputes. To counter such misuse, the judiciary is empowered to quash FIRs that are found to be frivolous, malicious, or legally untenable.
This article explores the concept of FIR quashing under the Code of Criminal Procedure (CrPC), 1973, and the newly introduced Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. It also examines recent judicial trends and provides a procedural roadmap for seeking such relief.
What is Quashing of FIR?
Quashing of FIR refers to the judicial act of nullifying or cancelling an FIR by the High Court, thereby terminating the related criminal proceedings. This remedy is invoked to prevent injustice or abuse of the judicial process. The legal basis for quashing lies in:
- Section 482 of the CrPC, 1973, and
- Section 528 of the BNSS, 2023 (which replaces Section 482 CrPC).
These sections preserve the inherent powers of the High Court to pass orders necessary to secure the ends of justice or to prevent misuse of the court’s process.
Legal Framework: Section 482 CrPC / Section 528 BNSS
Under Section 482 CrPC and Section 528 BNSS, the High Court may intervene:
- To prevent abuse of legal process
- To ensure fair administration of justice
- To interfere when the allegations made do not constitute a cognizable offence even if accepted at face value
However, this discretionary power must be exercised sparingly and with great caution, as emphasized in State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335).
Grounds for Quashing of FIR
Courts in India, through years of judicial interpretation and precedents, have laid down a set of guiding principles that form the legal basis for quashing of FIRs under Section 482 of CrPC/Section 528 of the BNSS. These grounds are not codified in a statute but have evolved through consistent jurisprudence aimed at preventing misuse of the criminal justice system. Some of the most commonly recognized grounds include:
1. No Prima Facie Case Made Out: If the allegations in the FIR do not disclose the commission of a cognizable offence, the High Court may quash the proceedings.
2. Civil Disputes Given Criminal Colour: Often in cases involving breach of contract, non-payment of dues, or family property disputes, criminal charges such as cheating or criminal breach of trust are invoked to pressure the opposite party. Courts have consistently held that such civil disputes do not warrant criminal prosecution.
3. Settlement or Compromise Between Parties: Especially in matrimonial disputes or commercial matters, where the parties have amicably settled the dispute, the courts have allowed quashing even in non-compoundable offences, provided it does not adversely affect public interest.
4. Lack of Credible Evidence or Vague Allegations: Where the FIR is based on hearsay, vague accusations, or speculative assertions lacking evidentiary support, the court may find it fit to intervene.
5. Malicious Prosecution or Abuse of Process: FIRs filed with ulterior motives, such as to harass the accused, settle personal scores, or gain leverage in civil proceedings, are liable to be quashed to protect individual liberty and uphold the sanctity of the legal process.
6. Delay in Lodging the FIR: While delay alone is not sufficient, an unexplained or inordinate delay in filing an FIR can cast doubt on the genuineness of the complaint and may be a valid consideration for quashing.
These principles were most notably consolidated in the Supreme Court’s judgment in State of Haryana v. Bhajan Lal (1992), which continues to serve as the touchstone for FIR quashing cases. Courts are, however, careful to apply these grounds judiciously, keeping in mind the facts of each case, the nature of the offence, and the larger interests of justice.
Recent Judicial Precedents on Quashing of FIR
In recent years, the judiciary has continued to refine and expand the legal principles governing the quashing of FIRs through a series of landmark judgments.
These precedents underscore the discretionary nature of the High Court’s inherent powers under Section 482 of the CrPC or Section 528 of the BNSS, and provide crucial guidance on when and how such powers should be exercised.
In the case of Mohammad Wajid V State of UP (2023) 20 SCC 219, the Hon’ble Supreme Court has held that criminal antecedents of the accused cannot be the sole consideration to decline to quash criminal proceedings.
Further, in Salib @ Shalu @ Salim v. State of U P (2023) 20 SCC 194, the Court observed that in cases where the quashing of an FIR is sought, essentially on the ground that the proceedings are based on ulterior motive for wreaking personal vengeance, “then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely.”
It was held as follows:
“26…In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the case record over and above the averments and, if need be, with due care and circumspection, try to read in between the lines.
The Court, while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Indian Constitution, need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/ registration of the case as well as the materials collected in the course of an investigation…”
Similarly, in Narinder Singh v. State of Punjab (2014) 6 SCC 466, the apex court held that even non-compoundable offences could be quashed if the dispute has been amicably settled between the parties, and the offence is not heinous or a crime against society.
Relying on cases such as State of Madhya Pradesh vs. Laxmi Narayan and Others (2019) 5 SCC 688 and Narinder Singh and Others vs. State of Punjab and Another (2014) 6 SCC 466, the Hon’ble Supreme Court in the case of Naushey Ali & Ors. Versus State of U.P. & Anr. (2025) 4 SCC 78 observed that factors like the nature of the offense, the severity of injuries, the accused’s conduct, and the impact of the crime on society can justify quashing a non-compoundable case based on a settlement.
Stage at Which FIR Can Be Quashed
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…”
An FIR can be quashed even at the trial stage, but it depends on the facts and circumstances of the case. The High Court, under Section 482 of the Criminal Procedure Code (CrPC), retains its inherent powers to quash criminal proceedings at any stage—including after the charge-sheet is filed, after charges are framed, and even during trial.
When Quashing is Not Permitted
- If the case involves serious offences (e.g., rape, murder, terrorism) or offences against the society at large, courts are reluctant to quash FIRs, especially when the trial has already begun.
- If evidence has been led, and the trial is near conclusion, the High Court may suggest letting the trial finish and allow the accused to argue for acquittal based on merits.
Legal Procedure for Quashing of FIR
Filing the Petition
A petition under Section 482 CrPC / Section 528 BNSS is filed in the jurisdictional High Court.
Documents Required
- Copy of FIR
- Charge sheet (if filed)
- Affidavit by petitioner
- Settlement deed (if applicable)
- Identity documents
- Police status report (if available)
Practical Scenarios Where FIR Quashing Is Allowed
- Matrimonial Disputes (e.g., Sec 498A IPC / BNSS)
Where couples reconcile or reach a mutual understanding, courts encourage quashing to promote social harmony.
- Business & Contractual Disputes
If a criminal complaint is filed to enforce a civil liability or contract, courts are likely to quash it.
- Political or Personal Vendetta
If the FIR appears to be a tool for personal or political score-settling, courts may intervene.
Conclusion
The power to quash an FIR serves as a vital judicial safeguard against the misuse of criminal law. While filing an FIR is a crucial first step in the criminal justice process, its wrongful use for personal vendetta or to pressurise parties in civil disputes threatens the integrity of that system.
Through the inherent powers under Section 482 of the CrPC and its successor Section 528 of the BNSS, the High Courts are entrusted with the responsibility to intervene where necessary to uphold justice, prevent abuse, and protect individual liberty.
However, this power must be exercised with due care, considering the nature of the offence, the stage of proceedings, and the larger public interest. A careful balance between individual rights and societal interests is essential to ensure that justice is neither delayed nor denied.
Understanding the legal procedure, eligibility, and grounds for quashing of FIR can save innocent individuals from protracted criminal trials and unjust prosecution.
Do you want to know more about the quashing of FIR in India? Let us know your questions or experiences in the comments – The Chambers of Ashwarya Sinha would love to hear your story and help where abide by the law!
At the Chambers of Ashwarya Sinha, we have a lot of experience in handling legal complexities surrounding such matters. Feel free to reach out to us at: info@ashwaryasinha.com and office@ashwaryasinha.com or you can call us at +91 11-41618119.
FAQs on Quashing of FIR
Q: Can FIR be quashed after charge sheet?
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?
Yes, especially in cases involving compromise or settlement.
Q: Can police quash an FIR?
No. Only the High Court has the power under Section 482 CrPC/Section 528 of BNSS to quash FIRs.
