Section 528 BNSS (formerly Section 482 CrPC)

Supreme Court Lawyer for Quashing of FIRTrusted guidance for matters before the Supreme Court of India

Quashing of an FIR stops a criminal prosecution in its tracks — and when the High Court refuses to quash, the Supreme Court is the final forum. Our lawyers guide you on the grounds for quashing, from malicious prosecution in matrimonial disputes to fraudulently filed business complaints.

What is Quashing of FIR?

Quashing of an FIR (First Information Report) is the judicial process of annulling a registered criminal complaint and all proceedings arising from it. It is primarily sought under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — formerly Section 482 of the Code of Criminal Procedure (CrPC) — before the High Court, exercising its inherent powers to prevent abuse of process and secure the ends of justice.

The Supreme Court can also quash an FIR directly under Article 32 or Article 142 of the Constitution in exceptional cases. More commonly, the Supreme Court is approached via an SLP when the High Court refuses to exercise its Section 528 BNSS jurisdiction.

Quashing is not a matter of right — it is an extraordinary remedy. The courts have laid down specific principles for quashing, including: (i) where the FIR on its face does not disclose any offence; (ii) where the allegation in the FIR is an absurd or inherently improbable story; (iii) where the proceeding is manifestly attended with mala fide and instituted with an ulterior motive; (iv) where the parties in matrimonial disputes have genuinely settled — especially for non-heinous, compoundable offences.

When Should You Seek Quashing of FIR?

  • The FIR does not, on its face, disclose any cognizable offence — even if all the allegations are accepted as true
  • The FIR is a result of a matrimonial dispute (498A, 406 IPC/BNS) and the parties have genuinely settled and reconciled
  • The complaint is clearly motivated by malice, business rivalry, or political vendetta — an abuse of the process of court
  • The accused is a company/organisation and the FIR names directors/employees without any specific role attributed to them
  • The continuing criminal prosecution will amount to oppression or would cause gross injustice on the applicant
  • The High Court has quashed/refused to quash and you need the Supreme Court to decide on conflicting High Court judgments

How Quashing of FIR Proceeds

  1. 1

    File Before High Court First

    Section 528 BNSS petitions for quashing are primarily filed before the High Court. The HC is the appropriate first forum and the SC expects you to approach the HC first.

  2. 2

    Seek Stay of Investigation

    Along with the quashing petition, you can apply for stay of the investigation/arrest pending hearing, to avoid arrest while the case is pending.

  3. 3

    High Court Hearing

    The High Court examines whether the ingredients of the offence are prima facie made out from the FIR's own allegations. The court also considers settlement in matrimonial matters.

  4. 4

    SLP Before Supreme Court

    If the HC refuses to quash, you file an SLP in the Supreme Court within 60 days (criminal). The Supreme Court may grant interim protection from arrest.

  5. 5

    Supreme Court Intervention

    The Supreme Court applies the principles laid down in State of Haryana v. Bhajan Lal (1992) and subsequent judgments to decide if quashing is warranted.

Key Legal Provisions

Section 528

BNSS, 2023

“Saving of inherent powers of High Courts to prevent abuse of process or secure ends of justice — primary provision for FIR quashing.”
State of Haryana v. Bhajan Lal

(1992) Supp (1) SCC 335

“Landmark judgment laying down 7 categories of cases where quashing of FIR is justified — the foundational precedent.”
Section 173 BNSS

BNSS, 2023

“FIR registration — forms the starting point; quashing applications target the FIR and all consequential proceedings.”
Article 142

Constitution of India

“Complete justice power — Supreme Court can quash proceedings to prevent manifest injustice even where statutory remedies are not fully exhausted.”

Important Timelines

Filing at HC

As early as possible

File before arrest if possible; quashing does not have a rigid limitation period

Stay of investigation

At first hearing

Interim stay can be sought immediately to prevent arrest while the case is pending before HC

Criminal SLP to SC

60 days from HC order

Limitation period to challenge HC refusal to quash before the Supreme Court

⚠ Limitation periods are strictly enforced. Always consult a lawyer before the deadline passes.

Frequently Asked Questions — Quashing of FIR

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