Quashing of FIR under BNSS Section 528: Grounds and Process

Quashing of FIR is the remedy used when a criminal case is registered without any real offence, or is filed to harass. The power lies with the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which continues the old Section 482 of the Code of Criminal Procedure. This guide explains the grounds, the process and the limits.

What does Section 528 BNSS provide?

Section 528 saves the inherent powers of the High Court. It allows the Court to make such orders as are necessary to give effect to any order under the Sanhita, to prevent abuse of the process of any court, or to secure the ends of justice. It does not create a new right. It preserves a power that courts use sparingly and carefully.

Quashing of FIR: when does the High Court intervene?

In State of Haryana v. Bhajan Lal (1992), the Supreme Court gave illustrative categories where an FIR or complaint can be quashed. In simple terms, the Court may interfere where:

• Even if the allegations are taken at face value, no offence is made out.
• The allegations do not disclose a cognizable offence that justifies investigation.
• The evidence collected does not support the accusation.
• The allegations are absurd or inherently improbable.
• A legal bar, such as limitation or sanction, stops the proceedings.
• The proceedings are manifestly malicious and started with an ulterior motive to take revenge.

These are guidelines, not a rigid formula.

Caution before interfering at an early stage

In Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021), the Supreme Court said that courts should be careful about stopping an investigation at the threshold, and that the power must be used rarely. The High Court does not hold a mini-trial or weigh evidence at this stage. It looks at whether the allegations, taken as they stand, disclose an offence.

Quashing on settlement

Where the dispute is essentially private or commercial and the parties have settled, the High Court can quash the case even for non-compoundable offences. The Supreme Court in Gian Singh v. State of Punjab (2012) and Narinder Singh v. State of Punjab (2014) laid down the approach:

• Serious offences such as murder, rape and offences against society are generally not quashed on settlement.
• Cases of a predominantly civil, matrimonial, family or commercial flavour may be quashed if the settlement is genuine and continuing the case would be pointless.
• The Court considers the nature of the offence, the conduct of the accused, and whether the settlement is voluntary.

For offences that the Sanhita itself allows to be compounded, the parties can use the compounding provisions of the BNSS instead.

Who can apply?

Any person accused in the FIR, or a person against whom a complaint or proceedings are pending, can apply. Applications are also filed by those who were named wrongly or are connected to a business dispute that has been given a criminal colour.

Step-by-step procedure

• Step 1: Study the FIR. Read the FIR, the complaint, the documents and the stage of the investigation.
• Step 2: Draft the petition. State the facts, the specific grounds under Section 528, the Bhajan Lal category relied on, and the relief: quashing of the FIR or proceedings, and interim protection.
• Step 3: File in the High Court. The petition is filed before the High Court having jurisdiction over the police station or the trial court.
• Step 4: Notice and interim order. The Court issues notice to the State through the Public Prosecutor. In suitable cases, it may restrain coercive steps, or direct that the petitioner cooperate with the investigation.
• Step 5: Hearing. The Court examines the FIR and the material the prosecution relies upon, and decides.
• Step 6: Order. The Court quashes, dismisses, or disposes of the petition with directions.

At what stage can quashing be sought?

• Before or after the FIR.
• After the charge sheet, if the material shows no offence.
• During trial, where there is a clear legal bar.

Courts are more reluctant once evidence is recorded, because the trial court can then decide on the evidence.

Alternatives to quashing

• Anticipatory bail: If arrest is the main fear, consider anticipatory bail under BNSS Section 482.
• Discharge: After the charge sheet, an application for discharge before the trial court can be filed.
• Cooperating with investigation: Where the allegations are doubtful but not baseless, cooperating may be wiser.

Practical tips

• Do not rely only on the argument that the dispute is civil. Show why the facts do not meet the ingredients of the offence.
• Annex the contract, emails, bank records or other documents that expose the true nature of the dispute.
• Make a full and honest disclosure of earlier proceedings.
• Understand how the FIR was registered. See our guide on FIR registration under BNSS Section 173.
• The Sanhita can be read on India Code.

Frequently Asked Questions

This article is general legal information and not a substitute for advice on your specific case. Consult an advocate before acting.