What is Quashing of FIR
Meaning
“Quashing of FIR” means that the High Court cancels or sets aside a First Information Report (FIR) or criminal proceedings because the complaint:
- does not disclose any offence,
- is malicious or false, or
- is an abuse of the process of law.
Legal Provision
Section 482 of the Code of Criminal Procedure, 1973 And Section 528 In BNSS.
“Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary
(a) to give effect to any order under this Code,
(b) to prevent abuse of the process of any Court, or
(c) to secure the ends of justice.”
Section 482 CrPC/528 BNSS gives the High Court inherent power to quash FIRs or criminal proceedings when justified.
When FIR Can Be Quashed
| Ground | Explanation |
| 1. No Offence Made Out | FIR doesn’t disclose the essential ingredients of the alleged offence. |
| 2. Mala Fide / Vexatious Complaint | FIR filed with intent to harass or settle personal scores. |
| 3. Civil Dispute Dressed as Criminal | Purely civil or commercial disputes wrongly framed as criminal cases (e.g., property, money matters). |
| 4. Compromise Between Parties | In compoundable offences, or in some non-compoundable offences (as per SC guidelines). |
| 5. Lack of Jurisdiction | FIR registered in a police station that has no territorial or subject-matter jurisdiction. |
| 6. Double Jeopardy / Res Judicata | When same facts already adjudicated or another FIR on same matter exists. |
| 7. Absence of Mens Rea | When the FIR lacks intention or knowledge essential to make the act criminal. |
Procedure to File Petition for Quashing FIR
- File a Petition under Section 482 CrPC/528 BNSS before the High Court having jurisdiction.
- Annex Documents: FIR copy, charge sheet (if filed), and relevant papers.
- Serve Notice to the State/Prosecution.
- Hearing: Both sides argue; Court examines whether FIR discloses any offence.
- Order: Court may
- Quash the FIR / proceedings, or
- Dismiss the petition and allow trial to continue.
Landmark Judgments on Quashing of FIR
| Case | Citation | Facts | Principle / Ratio |
| 1. State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 | Police registered FIR against a public servant for misuse of power. | SC laid down 7 illustrative categories where FIR can be quashed. (This is the foundational judgment.) | |
| 2. R.P. Kapur v. State of Punjab, AIR 1960 SC 866 | Allegations were vague and did not make out a cognizable offence. | High Court can quash FIR when no legal evidence or bar in law exists to proceed. | |
| 3. Zandu Pharmaceutical Works Ltd. v. Mohd. Sharaful Haque, (2005) 1 SCC 122 | Criminal case filed in a civil business dispute. | Quashing justified where proceedings are malicious or abuse of process. | |
| 4. Madhavrao Jiwajirao Scindia v. Sambhajirao Angre, (1988) 1 SCC 692 | Criminal case initiated to pressure political opponents. | SC held that motives behind complaint can be considered when determining abuse of process. | |
| 5. B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 | Matrimonial dispute settled between husband and wife. | FIR under 498A IPC quashed after settlement, to secure ends of justice. | |
| 6. Gian Singh v. State of Punjab, (2012) 10 SCC 303 | Dispute between private parties settled amicably. | Held that even non-compoundable offences can be quashed if civil/personal in nature. | |
| 7. Narinder Singh v. State of Punjab, (2014) 6 SCC 466 | Offence under 307 IPC but compromise reached. | Guidelines for quashing FIR after compromise — courts must weigh public interest. | |
| 8. Parbatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641 | SC summarized principles for quashing post-settlement. | Clarified that heinous offences (murder, rape, etc.) should not be quashed even if parties settle. | |
| 9. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, (2021) 6 SCC 73 | HC stayed investigation at FIR stage. | SC cautioned courts against prematurely stalling investigation unless necessary. | |
| 10. State of Telangana v. Habib Abdullah Jeelani, (2017) 2 SCC 779 | FIR quashed without proper examination of facts. | Reiterated that High Court must use Section 482 CrPC sparingly and not substitute trial process. |
Bhajan Lal 7 Grounds (Classic Guidelines)
The Supreme Court in State of Haryana v. Bhajan Lal (1992) laid down 7 key categories where FIR can be quashed:
- FIR does not disclose any cognizable offence.
- Allegations are absurd or inherently improbable.
- No legal evidence to support allegations.
- Allegations made to harass or maliciously prosecute.
- There is an express legal bar to proceedings.
- FIR is filed for ulterior motives.
- Civil nature of dispute disguised as criminal offence.
Illustrative Example
Case Example:
A files FIR against B alleging cheating (Section 420 IPC) because B failed to pay ₹2 lakh in a business transaction.
This is a civil dispute (breach of contract), not a criminal offence.
High Court may quash FIR as abuse of process, relying on Zandu Pharmaceutical and Bhajan Lal principles.
Key Points to Remember
- High Courts use Section 482 CrPC sparingly and cautiously.
- Investigation should not be halted unless FIR is clearly frivolous or illegal.
- Compromise-based quashing allowed only in personal/civil-type offences, not in serious crimes.
- FIR cannot be quashed at investigation stage unless allegations are manifestly false.
Summary Table
| Aspect | Details |
| Provision | Section 482 CrPC (Inherent powers of High Court) |
| Purpose | Prevent abuse of process & secure justice |
| Stage | Before or after charge-sheet, before trial |
| Court | High Court only |
| Leading Case | State of Haryana v. Bhajan Lal (1992) |
| Effect | FIR and all consequential proceedings stand cancelled |
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