Quashing of FIR Under Section 528 BNSS: Grounds and Procedure

Can the High Court cancel an FIR or criminal proceedings that are legally unsustainable? Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the High Court's inherent powers to prevent abuse of judicial process and secure the ends of justice.

What Is Quashing of an FIR Under Section 528 BNSS?

Quashing means a judicial order setting aside an FIR, complaint or criminal proceeding, wholly or in part, when continuation would be legally impermissible or an abuse of process. The power lies with the High Court, not with the police or a Magistrate exercising Section 528.

Section 528 saves the High Court's inherent powers to make orders necessary to give effect to orders under the Sanhita, prevent abuse of the process of any Court, or otherwise secure the ends of justice. It does not create an unrestricted right to terminate a prosecution.

Relevant statutory terms

FIR: The first information recorded regarding commission of a cognizable offence, governed principally by Section 173 BNSS. Cognizable offence: An offence for which a police officer may arrest without warrant in accordance with the First Schedule or other applicable law (Section 2 BNSS). Non-cognizable offence: An offence for which police ordinarily lack authority to arrest without warrant. Investigation: Proceedings for collection of evidence conducted by police or a person authorized under the Sanhita. Inherent powers: Residual judicial powers expressly preserved by Section 528 to protect the administration of justice.

What Are the Grounds for Quashing an FIR?

The High Court considers the FIR and material properly available at the relevant stage. Commonly recognized grounds include:

1. No prima facie offence: Even accepting the allegations at face value, essential ingredients of the alleged offence are absent.
2. Absurd or inherently improbable allegations: The allegations are so improbable that no prudent person could reasonably proceed on them.
3. Express legal bar: A statutory restriction or mandatory legal condition prevents institution or continuation of the proceeding.
4. Manifest abuse of process: Proceedings are demonstrably malicious or instituted for an ulterior purpose, assessed on legally relevant material rather than bare allegations of hostility.
5. Predominantly private dispute: In suitable cases, criminal proceedings arising out of commercial, financial, matrimonial or family disputes may be quashed after genuine settlement, subject to the nature and gravity of the offence.
6. Uncontroverted material of sterling quality: In narrowly defined situations, unimpeachable material may conclusively negate the accusations without requiring a trial of disputed facts.

Can an FIR Be Quashed on the Basis of Compromise?

A settlement may be relevant even where an offence is technically non-compoundable. However, the inherent power to quash is distinct from statutory compounding under Section 359 BNSS. Courts examine whether the dispute is overwhelmingly personal or private, whether settlement is voluntary, and whether continuing prosecution would serve justice.

Heinous and serious offences, including murder, rape and grave offences affecting society, ordinarily cannot be quashed merely on compromise. Offences under special statutes, corruption-related allegations and offences committed by public servants in that capacity require particular caution. No settlement creates an automatic entitlement to quashing.

Step-by-Step Procedure for Filing a Quashing Petition

1. Identify the competent High Court: Examine where the FIR was registered, the alleged offence occurred and the relevant jurisdictional facts. Jurisdiction depends on the case.
2. Obtain the record: Secure the FIR, complaint, notices, relevant orders, charge sheet or final report if filed, and material supporting the legal grounds.
3. Prepare a petition under Section 528 BNSS: Set out the chronology, precise allegations, applicable legal provisions, grounds for quashing and the relief sought.
4. Join necessary parties: Ordinarily implead the State and, where appropriate, the complainant or informant in accordance with High Court rules.
5. File and serve: Comply with the relevant High Court's filing, affidavit, vakalatnama, indexing, court fee and service requirements.
6. Seek interim protection if justified: Request an appropriate interim order with specific reasons. Filing a quashing petition does not automatically stay investigation, prevent arrest or grant bail.
7. Attend hearing: The High Court may seek the State's response, examine the investigation's status and hear the complainant before deciding whether exceptional intervention is warranted.

Documents Commonly Required

• Copy of FIR with police station, FIR number and date.
• Complaint and relevant statements, where lawfully available.
• Charge sheet, cognizance or summoning orders, if already issued.
• Relevant agreements, correspondence or incontrovertible records supporting the grounds.
• Settlement deed, affidavits and identity documents if quashing is based on compromise.
• Petition, supporting affidavit, authorization or vakalatnama and annexures as required by the applicable High Court rules.

Illustrative prayer

Important Supreme Court Judgments

State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335)

The Supreme Court identified illustrative categories in which quashing may be justified, including where allegations disclose no offence or proceedings amount to abuse of process. These categories are not exhaustive and require careful application.

Gian Singh v. State of Punjab ((2012) 10 SCC 303)

The Court distinguished quashing through inherent jurisdiction from statutory compounding, recognizing settlement-based quashing in suitable private disputes while excluding serious offences affecting society.

Narinder Singh v. State of Punjab ((2014) 6 SCC 466)

The Court provided guidance on evaluating settlement, seriousness of offences, stage of proceedings and the interests of justice.

Parbatbhai Aahir v. State of Gujarat ((2017) 9 SCC 641)

The Supreme Court consolidated principles governing quashing on compromise, emphasizing the nature of the offence and its social impact.

Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra ((2021) 19 SCC 401)

The Court stressed that investigation of cognizable offences should ordinarily proceed and that interim orders restraining investigation or coercive action require judicial care and reasons.

Quashing, Discharge and Anticipatory Bail: Key Differences

These remedies serve different functions. A quashing petition should not be treated as a substitute for an application for anticipatory bail where arrest is apprehended.

Frequently Asked Questions

Can an FIR be quashed under Section 528 BNSS?

Yes. The High Court may use its inherent powers under Section 528 BNSS to prevent abuse of court process or secure the ends of justice, subject to established judicial limits.

Can an FIR be quashed after a settlement?

In appropriate private or predominantly civil disputes, a genuine settlement may support quashing. Serious offences with a substantial public impact ordinarily cannot be quashed merely because parties compromise.

Can the High Court quash an FIR before the charge sheet?

Yes, in an exceptional case where the legal tests are met. Courts ordinarily avoid interfering with a lawful investigation at an early stage.

Is quashing the same as discharge or acquittal?

No. Quashing invokes the High Court inherent jurisdiction; discharge and acquittal arise at distinct stages under applicable criminal procedure.

Conclusion

Section 528 BNSS enables the High Court to protect individuals against misuse of criminal proceedings while preserving legitimate investigation and prosecution. A successful petition requires a clear legal ground supported by the record, not merely a factual denial. The correct approach depends on the allegations, stage of proceedings, nature of the offence and applicable High Court practice.

Last updated: 14 November 2026. This article provides general legal information and is not a substitute for advice on a particular case.