Petition to quash an FIR or complaint under Section 528 BNSS
A quashing petition asks the High Court to use its inherent powers to quash an FIR, charge-sheet, complaint or criminal proceeding that is an abuse of the process of the court. It is filed under Section 528 BNSS, which replaced Section 482 CrPC from 1 July 2024.
Key points
- Provision: Section 528 BNSS (formerly Section 482 CrPC); only the High Court has this power.
- The Supreme Court listed illustrative categories where quashing is justified in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335.
- Non-compoundable offences arising from private or matrimonial disputes can be quashed on settlement in appropriate cases (Gian Singh v. State of Punjab, (2012) 10 SCC 303).
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Inherent powers of the High Court | Section 528 BNSS | Section 482 CrPC |
Which court or authority
The High Court having jurisdiction over the police station or court.
What the document should contain
- Details of the FIR or complaint and the proceedings
- Facts and why, even if taken at face value, no offence is made out
- The Bhajan Lal category the case falls in
- Settlement, if quashing on compromise
- Prayer to quash, and for a stay of proceedings or no coercive action meanwhile
Documents to attach
- Copy of the FIR / complaint and charge-sheet
- Orders of the trial court
- Settlement deed and affidavits of parties (for quashing on compromise)
- Documents showing the civil nature of the dispute
Procedure
- Draft the petition with an affidavit and an index of annexures
- File in the High Court; seek interim stay or no coercive steps
- State files a status report; arguments follow
Common mistakes
- Arguing disputed facts that need trial
- Filing under Section 482 CrPC for an FIR registered after 1 July 2024
Frequently asked questions
Can an FIR be quashed after the charge-sheet is filed?
Yes. The High Court can quash the charge-sheet and the proceedings under Section 528 BNSS if they amount to an abuse of process.
Can a matrimonial FIR under Section 85 BNS (498A IPC) be quashed on settlement?
Yes, in appropriate cases the High Court quashes such proceedings on a genuine settlement between the parties, even though the offence is not compoundable.