Criminal · 7 min read
Quashing of FIR — Section 528 BNSS (and Article 226)
When the High Court can quash an FIR — categories from Bhajan Lal, the typical grounds, and the documents the court will look at.
The High Court can quash an FIR or criminal proceedings under Section 528 BNSS (the inherent powers provision corresponding to Section 482 CrPC) and under Article 226 of the Constitution, where continuance would be an abuse of process.
The leading authority remains State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, which lists categories where the power may be exercised.
Who this guide helps
Is this for you?
- Persons named in an FIR that does not disclose any offence on a bare reading
- Parties to commercial or matrimonial disputes that have been settled
- Accused facing an FIR backed by manifestly absurd or improbable allegations
Governing law
Legal basis
- Section 528 BNSS — inherent powers of the High Court
- Article 226 of the Constitution
- State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335
- Gian Singh v. State of Punjab, (2012) 10 SCC 303 — settlement-based quashing
Step by step
The procedure
- 01
Assess viability
Quashing is exceptional. Examine the FIR on its face — does it disclose ingredients of an offence? Is the dispute essentially civil? Has there been a bona fide settlement?
- 02
Approach all parties (where settlement-based)
If quashing is sought on the basis of compromise, ensure complainant's signed affidavit and willingness to appear before the High Court.
- 03
Draft the petition
Set out FIR particulars, the legal infirmity / settlement, and relief sought. Annex FIR, status report (if available), settlement deed and affidavits.
- 04
Notice and hearing
Notice to State / complainant. Hearing on merits — court may verify compromise in person.
- 05
Order
If satisfied, the High Court quashes the FIR and consequential proceedings. The order can be conditional (e.g., deposit / community service).
Checklist
Documents to keep ready
- FIR
- Settlement deed and affidavits
- Status report (if available)
- Identity & address proof
What to expect
Indicative timeline
- Listing and notice: 2–6 weeks
- Disposal: 3–9 months depending on State and contest
Money matters
Cost components
- Court fee
- Counsel fee — agreed in writing
Indicative only. Actual outflow depends on the forum, valuation and scope of work.
Avoid these
Common pitfalls
- Assuming all offences are compoundable — heinous offences are not quashable purely on settlement
- Filing without complainant's appearance / verification
- Suppressing material facts — fatal to the petition
From the chambers
Practical tips
- Where settlement is genuine, video / in-person verification accelerates relief
- Heinous offences against society stand on a different footing
Questions we hear
Frequently asked
Can charge sheets / summons be quashed?
Yes — the inherent powers extend to consequential proceedings, including charge sheets and summoning orders.
Can the Supreme Court quash under Article 142?
Yes, even non-compoundable offences can be quashed on settlement when justice so requires (Shilpa Sailesh v. Varun Sreenivasan).
This guide is general information, not legal advice. The applicable law and procedure may vary depending on the facts of your matter and amendments enacted from time to time.