An FIR (First Information Report) marks the beginning of criminal proceedings. While genuine complaints deserve investigation, sometimes FIRs are filed with mala fide intent — to harass, settle scores, or convert civil disputes into criminal cases. In such cases, the law provides a remedy: quashing of FIR. The High Court, exercising its inherent powers under Section 528 BNSS and writ jurisdiction under Article 226 of the Constitution, can quash an FIR to prevent abuse of process and secure justice.
Legal Foundation
Section 528 BNSS – Recognises the inherent power of the High Court to make orders necessary to prevent abuse of process or secure the ends of justice.
Article 226 of the Constitution – Provides writ jurisdiction to safeguard fundamental rights and prevent miscarriage of justice.
Landmark Judgment – Bhajan Lal Case
The Supreme Court in State of Haryana v. Bhajan Lal laid down guiding categories where FIRs may be quashed. These include cases where:
Allegations in the FIR do not constitute an offence.
Proceedings are manifestly attended with mala fide.
The dispute is purely civil in nature.
This case remains the touchstone for quashing petitions across India.
Grounds for Quashing FIR
Courts have recognised the following grounds:
No Prima Facie Offence: Allegations in the FIR, even if accepted, do not disclose the ingredients of a crime.
Mala Fide / Abuse of Process: FIR filed to settle personal scores, harass, or pressurise.
Civil Disputes Given Criminal Colour: Property or contractual disputes wrongly converted into criminal complaints.
Vague / Omnibus Allegations: FIR without specific facts or details.
Compromise Between Parties: In compoundable offences, FIR may be quashed if parties have lawfully settled.
Procedural Illegality: FIR filed without jurisdiction or by an authority not empowered.
What Courts Will Not Do
Examine disputed evidence in detail.
Conduct a mini-trial at the quashing stage.
Interfere in every FIR merely because allegations appear weak.
The power is extraordinary and must be exercised sparingly.
Procedure for Filing a Quashing Petition
Drafting Petition under Section 528 BNSS (and Article 226, if applicable).
Attach Documents – Certified Copy of FIR, charge sheet (if filed), settlement agreements, correspondence.
Cite Precedents – Rely on Bhajan Lal and later Supreme Court rulings.
Seek Interim Relief – Stay of investigation or interim protection or No Coercive Action if necessary.
Show Bona Fides – In settlement cases, file compromise deeds or mediation records.
Judicial Trends
Recent decisions show that courts are vigilant in preventing misuse of criminal law but equally cautious to not stifle genuine investigations. Each petition is judged on its facts, with a balancing approach between individual liberty and public interest.
Note:
Quashing is not automatic; it is an extraordinary remedy.
Strong documents and legal grounds are crucial.
Even after quashing, fresh complaints may be possible in some circumstances.
Conclusion
Quashing of FIR under Section 528 BNSS/ 482 CrPC is a powerful but sparingly used remedy. For advocates, success lies in drafting precise petitions supported by documents and authoritative judgments. For clients, it offers protection against harassment while ensuring the rule of law is upheld.
