Quashing of FIRs and criminal proceedings

The power

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the inherent power of the High Court (formerly Section 482 CrPC) to make orders necessary to prevent abuse of the process of any court or to secure the ends of justice. A petition under this provision — usually with Article 226 or 227 of the Constitution — is the route to quashing an FIR, a chargesheet, a summoning order or an entire complaint case in Delhi.

Grounds on which FIRs are quashed

The Supreme Court’s categories in State of Haryana v. Bhajan Lal (1992) remain the framework:

• the allegations, even if taken at face value, do not disclose any offence;
• the allegations are absurd or inherently improbable;
• there is a legal bar to the proceedings (for example, want of sanction or limitation);
• the proceedings are manifestly attended with mala fides or are instituted to wreak vengeance;
• the dispute is of a purely civil or commercial nature — a breach of contract, a property disagreement, a recovery of money — that has been given a criminal colour.

Separately, where the offence is essentially private in nature and the parties have settled, the High Court may quash the proceedings even for non-compoundable offences, following Gian Singh v. State of Punjab (2012) and Narinder Singh v. State of Punjab (2014). This is common in matrimonial disputes, cheque-bounce cases, neighbourhood assaults and business disagreements. It is not available for heinous offences or offences against society at large.

The Supreme Court has also clarified that the power can be exercised at the stage of the FIR itself — an early stage of investigation is no bar where the FIR on its face does not disclose a cognizable offence.

What the petition involves

1. Analysis of the FIR and the record — whether each ingredient of each offence is alleged; whether the chargesheet adds anything; whether the complaint is a counterblast to a civil suit or a recovery notice.
2. Grounds and documents — agreements, communications, ledger accounts, prior litigation, settlement deed, or the record showing the allegation to be impossible.
3. Filing before the Delhi High Court with the necessary annexures and, where a settlement is the basis, the affidavits of the complainant and the settlement terms.
4. Interim relief — a stay of investigation or of further proceedings in the trial court, or protection from coercive steps, pending the petition.
5. The hearing, including the State’s status report and, in settlement matters, the complainant’s appearance to confirm the settlement.

Related remedies

• Discharge before the trial court at the stage of charge (Sections 250 and 262 BNSS, formerly 227 and 239 CrPC) where the material does not make out a prima facie case.
• Revision against a summoning order or order framing charge.
• Compounding of compoundable offences under Section 359 BNSS (formerly 320 CrPC) before the trial court.
• Closure or protest petition where the police file a cancellation report.

Documents to keep ready

• FIR or complaint copy, chargesheet if filed, and all orders of the trial court
• Documents showing the true nature of the dispute — agreements, invoices, correspondence, civil suit papers
• Settlement deed or memorandum of understanding, if the parties have settled
• Identity documents and, for settlement matters, the complainant’s contact details for appearance

Frequently asked questions

Can an FIR be quashed before the chargesheet is filed?

Yes. The High Court can quash at any stage, including immediately after registration, where the FIR on its face does not disclose an offence or is an abuse of process. In other cases the court may prefer to let the investigation proceed and decide on the basis of the chargesheet.

Can a 498A or matrimonial FIR be quashed on settlement?

Usually yes. Matrimonial offences are treated as private in nature and the Delhi High Court routinely quashes such FIRs where the parties have settled — typically alongside a mutual-consent divorce and the withdrawal of cross-cases — after the complainant confirms the settlement in person.

How long does a quashing petition take in the Delhi High Court?

A settlement-based petition is often disposed of within a few weeks of filing, subject to listing. Contested petitions on merits take longer, and interim protection is sought in the meantime.

Does filing a quashing petition stop the trial?

Not automatically. A stay of proceedings or of coercive action must be specifically sought and granted; otherwise the trial court proceedings continue in parallel.

What if the complainant refuses to settle?

The petition then proceeds on merits — the absence of an offence, the civil nature of the dispute, delay, mala fides or a legal bar. Alternatively, the appropriate stage may be discharge before the trial court.

This page is general information about the area of practice, not legal advice. Last reviewed: 2026-09-22