Learn how to get an FIR quashed in India under Section 528 BNSS, grounds for quashing, High Court procedure, compromise cases and important Supreme Court judgments.
How to Get FIR Quashed in India
An FIR can have serious consequences for a person, particularly when criminal proceedings are initiated on the basis of allegations that do not disclose an offence, are legally unsustainable, or arise from a dispute that has subsequently been genuinely settled.
In appropriate cases, a person can approach the High Court for quashing of an FIR and consequential criminal proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 528 preserves the High Court’s inherent powers to make orders necessary to give effect to the BNSS, prevent abuse of the process of any court, or otherwise secure the ends of justice. The Supreme Court has expressly recognised Section 528 BNSS as corresponding to the former Section 482 CrPC.
What Does FIR Quashing Mean?
Quashing of an FIR means that the High Court exercises its inherent jurisdiction to terminate the FIR and/or criminal proceedings arising from it.
It is an extraordinary remedy and is not intended to replace a criminal trial.
The High Court generally examines whether continuing the criminal proceedings would amount to an abuse of the process of law or whether intervention is necessary to secure the ends of justice.
The Supreme Court has repeatedly cautioned that a High Court should not ordinarily conduct a mini-trial while deciding a quashing petition.
Under Which Section Can an FIR Be Quashed?
Under the current criminal-procedure framework, an FIR can be challenged before the High Court under:
Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023
This provision preserves the inherent powers of the High Court.
It corresponds to Section 482 of the Code of Criminal Procedure, 1973 (CrPC).
The provision enables the High Court to intervene:
- To give effect to an order under the BNSS;
- To prevent abuse of the process of any court; or
- To secure the ends of justice.
Who Can File a Petition for Quashing an FIR?
A person against whom an FIR or criminal proceedings have been initiated may approach the appropriate High Court.
Depending on the circumstances, a petition may be filed by:
- The accused;
- One or more accused persons;
- In appropriate circumstances, an affected person seeking protection from abusive proceedings.
The petition should clearly explain the legal and factual grounds on which continuation of the proceedings is challenged.
Grounds for Quashing an FIR
The Supreme Court’s landmark decision in State of Haryana v. Bhajan Lal remains one of the leading authorities on the principles governing quashing of criminal proceedings.
The commonly cited categories include situations where:
Allegations Do Not Disclose an Offence
If the allegations in the FIR, even when taken at face value, do not disclose the commission of a cognizable offence, the High Court may consider quashing.
Allegations Are Absurd or Inherently Improbable
Where the allegations are so inherently improbable that no reasonable person could conclude that sufficient grounds exist for proceeding against the accused, intervention may be justified.
No Legal Evidence Supporting the Allegations
Where the available material does not disclose the necessary ingredients of the alleged offence, quashing may be considered.
Proceedings Are Legally Barred
If a legal provision expressly bars initiation or continuation of the proceedings, the High Court may intervene.
FIR Is Manifestly Mala Fide
Where criminal proceedings appear to have been initiated maliciously or for an ulterior purpose, the High Court may exercise its inherent jurisdiction.
Civil Dispute Given a Criminal Colour
A purely civil or commercial dispute should not ordinarily be converted into criminal proceedings merely to exert pressure.
However, a dispute may contain both civil and criminal elements. Therefore, the mere existence of a civil remedy does not automatically justify quashing.
Settlement Between Parties
In appropriate cases involving predominantly private or personal disputes, the High Court may consider quashing after a genuine settlement.
However, serious offences affecting society cannot ordinarily be quashed merely because the parties have reached a compromise.
Can an FIR Be Quashed on the Basis of Compromise?
Yes, in appropriate cases.
This is particularly common in disputes such as:
- Matrimonial disputes;
- Family disputes;
- Personal disputes;
- Certain commercial disputes;
- Partnership/business disputes;
- Other offences having predominantly private implications.
The court considers the nature and gravity of the offence, the circumstances of settlement and whether continuation of the prosecution would serve any legitimate purpose.
The Supreme Court has continued to apply the principles of Bhajan Lal in recent cases concerning Section 528 BNSS.
Can Serious Criminal Offences Be Quashed After Compromise?
Not automatically.
The High Court examines the nature of the offence and its impact on society.
For example, offences involving serious violence, sexual offences, corruption, or other grave crimes may not be quashed merely because the victim and accused have entered into a settlement.
Therefore, “compromise = automatic FIR quashing” is legally incorrect.
FIR Quashing Procedure in India
Step 1: Obtain the FIR
First obtain a certified or reliable copy of the FIR and examine the sections invoked.
Step 2: Examine the Allegations
A lawyer should determine whether the allegations actually satisfy the essential ingredients of the offences mentioned in the FIR.
Step 3: Collect Supporting Documents
Depending on the case, documents may include:
- FIR;
- Complaint;
- Agreements;
- Bank records;
- Emails;
- WhatsApp conversations;
- Medical documents;
- Settlement agreement;
- Affidavits;
- Previous court orders;
- Relevant correspondence.
Step 4: Prepare the Petition
The petition should state:
- Facts of the case;
- Details of the FIR;
- Sections invoked;
- Grounds for quashing;
- Supporting documents;
- Legal precedents;
- Relief sought.
Step 5: File Before the Appropriate High Court
The petition is filed under Section 528 BNSS before the High Court having appropriate territorial/legal jurisdiction.
Step 6: Notice to Respondents
The High Court may issue notice to:
- State;
- Investigating agency;
- Complainant/informant;
- Other necessary parties.
Step 7: Hearing
The court considers the FIR, allegations, material placed before it and submissions of the parties.
Step 8: Final Order
The High Court may:
- Quash the FIR;
- Quash consequential proceedings;
- Decline to interfere;
- Pass another appropriate order;
- In suitable cases, grant limited relief.
Important Case Laws on FIR Quashing
State of Haryana v. Bhajan Lal
This is one of the most important Supreme Court judgments concerning the exercise of inherent powers for quashing criminal proceedings.
The judgment identified illustrative categories where interference may be justified.
It remains a leading authority even under the present Section 528 BNSS framework.
M. Srikanth v. State of Telangana
The Supreme Court has referred to the principles governing inherent jurisdiction while considering whether criminal proceedings should continue.
The key principle remains that the power of quashing must be exercised carefully and to prevent abuse of the criminal process.
Recent Supreme Court Position
The Supreme Court continues to apply the Bhajan Lal principles while dealing with Section 528 BNSS petitions.
In a 2025 judgment, the Court held that continuation of proceedings against the appellants amounted to an abuse of process and directed quashing of the criminal proceedings.
In another case decided in February 2025, the Supreme Court itself exercised the corresponding inherent-power jurisdiction and quashed criminal proceedings after finding that continuing them would amount to an abuse of process.
More recently, in 2026, the Supreme Court reiterated that the High Court should not use the quashing jurisdiction to conduct a mini-trial, while also recognising that an FIR lacking the basic particulars necessary to disclose a cognizable offence may warrant judicial intervention.
Can the High Court Examine Evidence While Quashing an FIR?
The High Court has a wide but limited inherent jurisdiction.
It can examine the FIR and relevant material to determine whether the proceedings are legally sustainable. However, it ordinarily should not conduct a detailed examination of disputed evidence as though it were conducting a trial.
The Supreme Court reiterated this principle in 2026, observing that the Section 528 jurisdiction cannot be used to conduct a mini-trial.
FIR Quashing vs Discharge
These remedies should not be confused.
| FIR Quashing | Discharge |
|---|---|
| Generally sought before the High Court | Generally sought before the trial court at the appropriate stage |
| Based on inherent jurisdiction under Section 528 BNSS | Governed by the applicable BNSS provisions |
| Can challenge continuation of proceedings at an earlier stage | Usually considered after the case reaches the relevant trial-court stage |
| Focuses on abuse of process/legal sustainability | Examines whether sufficient grounds exist to proceed against the accused |
The appropriate remedy depends upon the stage of the criminal case.
Does Filing a Quashing Petition Automatically Stop Arrest?
No.
Merely filing a quashing petition does not automatically mean that arrest is prohibited.
An accused may separately seek appropriate interim protection, anticipatory bail or other relief depending upon the circumstances.
The exact remedy depends upon:
- Sections invoked;
- Whether arrest is apprehended;
- Stage of investigation;
- Previous court orders;
- Conduct of the accused.
How Long Does FIR Quashing Take?
There is no fixed statutory timeline for disposal of every Section 528 BNSS petition.
The duration depends on:
- High Court;
- Nature of FIR;
- Number of accused;
- Whether the complainant contests the petition;
- State’s response;
- Complexity of the case;
- Court workload;
- Interim applications.
Therefore, an article should avoid claiming that every FIR can be quashed within a specific number of days.
Documents Required for FIR Quashing
Commonly required documents include:
- Copy of FIR;
- Complaint, if available;
- Charge-sheet, if already filed;
- Notices issued by police;
- Bail orders;
- Settlement agreement;
- Complainant’s affidavit, where applicable;
- Identity documents;
- Relevant contracts/documents;
- Correspondence;
- Previous court orders.
The exact documents depend upon the facts and stage of the case.
What Relief Can Be Requested?
A petition may seek an order such as:
“Quash FIR No. ____ dated ____ registered at Police Station ____ under Sections ____ of the BNS/other applicable law and all consequential proceedings arising therefrom.”
Where appropriate, the petitioner may also seek interim protection pending disposal of the petition.
Conclusion
An FIR cannot be quashed merely because the accused claims innocence. The High Court exercises its inherent jurisdiction under Section 528 BNSS in appropriate cases to prevent abuse of process and secure the ends of justice.
The strongest cases generally involve circumstances where the allegations do not disclose the ingredients of an offence, proceedings are legally barred, allegations are inherently improbable, the prosecution is manifestly malicious, or a genuine settlement has occurred in a dispute that is legally capable of being resolved in that manner.
The Supreme Court continues to emphasise that this power must be exercised carefully and that the High Court should not conduct a mini-trial while deciding a quashing petition.
Frequently Asked Questions: How to Get FIR Quashed in India
Under which section can an FIR be quashed?
An FIR can be challenged before the High Court under Section 528 of the BNSS, 2023, which preserves the High Court’s inherent powers.
Is Section 528 BNSS the new Section 482 CrPC?
Yes. Section 528 BNSS corresponds to the inherent-power provision previously contained in Section 482 CrPC.
Can an FIR be quashed after a compromise?
Yes, in appropriate cases, particularly where the dispute is predominantly private or personal. The nature and gravity of the offence remain important.
Can serious offences be quashed on compromise?
Not automatically. Courts consider the seriousness and societal impact of the offence before exercising inherent powers.
