A first information report (FIR) is the record the police make when they receive information about a cognizable offence. It sets the investigation in motion. Whether you need to lodge an FIR or have been named in one, the law provides specific remedies.
We assist informants whose complaints are not being registered, and accused persons who believe an FIR against them is legally unsustainable and should be quashed by the High Court.
What this covers
- Drafting complaints for registration of an FIR
- Remedies when police refuse to register an FIR
- Applications to the Magistrate for directions to investigate
- Petitions to quash FIRs and charge-sheets
- Quashing on the basis of a genuine settlement between parties
- Advice to persons named in an FIR
How the process generally works
- Review the FIR or complaint
We examine what is alleged and whether the facts, taken at face value, disclose an offence.
- Choose the remedy
For an informant, this may be an approach to the Superintendent of Police or the Magistrate. For an accused person, it may be bail, a quashing petition, or contesting the case at trial.
- High Court petition
A quashing petition is filed before the Gujarat High Court with the FIR and supporting documents, and the State and complainant are heard.
Relevant law
- BNSS section 173: recording of information about cognizable offences, including e-FIR and zero FIR
- BNSS section 175(3): Magistrate's power to order investigation
- BNSS section 528: inherent powers of the High Court (formerly section 482 CrPC)
- Article 226 of the Constitution of India
- State of Haryana v. Bhajan Lal (1992), which sets out categories where quashing may be appropriate
Common questions
Can I get a copy of the FIR?
Yes. The informant is entitled to a free copy. An accused person can usually obtain a copy from the police station, the court, or where available the State police portal.
When will the High Court quash an FIR?
Quashing is an exceptional remedy. Courts generally consider it where the allegations, even if accepted, do not make out an offence, where the proceedings are manifestly malicious, or where a private dispute has been genuinely settled. Each case turns on its own facts.