A petition to quash an FIR is filed before the High Court, in Gujarat at Ahmedabad, invoking its inherent powers under section 528 of the BNSS (formerly section 482 CrPC) and, where appropriate, Article 226 of the Constitution. The petition must show that the FIR, even if taken at face value, does not disclose an offence, or that continuing the case would be an abuse of the process of law.
Grounds the court considers
In State of Haryana v. Bhajan Lal (1992), the Supreme Court set out illustrative categories in which quashing may be justified, including where the allegations do not disclose any offence, where they are inherently improbable, or where the proceedings are manifestly attended with mala fides.
Quashing after settlement
Where the dispute is essentially private, for example a commercial or matrimonial dispute, and the parties have genuinely settled, the High Court may quash even certain non-compoundable offences. Serious offences against society are generally not quashed on the basis of settlement.
Steps involved
- Obtain certified or authenticated copies of the FIR and any charge-sheet
- Prepare the petition with the facts, grounds and supporting documents
- Seek interim protection from coercive action where appropriate
- The State and the complainant are served and may file replies
- The court hears the parties and decides the petition
Limits of the remedy
Quashing is exercised sparingly. The High Court does not ordinarily weigh disputed evidence at this stage. If the allegations require a trial to test them, the court may decline to quash and leave the defence to be raised before the trial court.
Jurisdiction
This article describes central Indian law as it generally applies in Gujarat. Procedure, forms and court practice can differ between States and between courts, and the law changes. Check the current position for your matter.