Criminal & Cyber Law
FIR Quashing
Asking the High Court to quash an FIR or criminal proceedings that do not disclose an offence or amount to abuse of process.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
The High Court can quash an FIR, chargesheet or criminal proceeding under its inherent powers in Section 528 of the BNSS (earlier Section 482 of the CrPC) and under Article 226 of the Constitution. The Supreme Court has set out the main situations in State of Haryana v. Bhajan Lal (1992): where the allegations, taken at face value, do not make out an offence; where they are inherently improbable; where there is a legal bar to the proceedings; or where the proceeding is manifestly malicious. The court generally does not weigh disputed evidence at this stage. Some cases can also be quashed on a genuine settlement between the parties, depending on the offence.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
On what grounds can an FIR be quashed?
Mainly where the allegations, even if accepted as they stand, do not disclose an offence; where they are so improbable that no prudent person could accept them; where a law bars the proceeding; or where it is manifestly malicious. These are the categories recognised in Bhajan Lal.
Do I have to prove the complaint is false?
No. The High Court looks at whether the FIR and the material on record, read as they are, disclose an offence. It generally does not hold a mini-trial or decide disputed facts at this stage.
Can a case be quashed after a settlement?
In many offences of a largely private nature, such as some matrimonial and commercial disputes, the High Court may quash proceedings on a genuine settlement. Serious offences against society are generally not quashed on that basis.
Can the police continue investigating while the petition is pending?
Yes, unless the High Court stays the investigation or protects the petitioner from coercive action by an interim order.
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