Criminal

How to Quash an FIR Under Section 528 BNSS: The High Court Route

Last updated: 12 July 2026 · By Advocate Manish Sharma, Faridabad · General legal information, not legal advice

In short: An FIR can be quashed under Section 528 of the BNSS (the inherent powers of the High Court, formerly Section 482 CrPC). The Punjab & Haryana High Court may quash an FIR where the allegations, even if taken at face value, disclose no offence, where the case is manifestly frivolous, or where the parties have genuinely settled a compoundable dispute. It is an extraordinary power, used sparingly.

What is Section 528 BNSS and what power does it give the High Court?

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the inherent powers of the High Court — the same jurisdiction that existed under Section 482 of the old CrPC. It allows the High Court to make orders necessary to give effect to the Sanhita, to prevent abuse of the process of any court, or to secure the ends of justice. Quashing an FIR is one exercise of this power. Because it can stop a criminal case at its inception, courts use it cautiously and only in clear cases.

On what grounds will a court quash an FIR?

The Supreme Court, in the well-known Bhajan Lal decision, set out categories where quashing is appropriate: where the allegations do not prima facie constitute an offence; where they are absurd or inherently improbable; where there is a legal bar to the proceedings; or where the complaint is manifestly actuated by malice. A genuine compromise in a compoundable or personal-dispute matter is another recognised ground. The court reads the FIR as a whole and does not conduct a mini-trial at this stage.

How is a quashing petition filed for a Faridabad FIR?

An FIR registered at a Faridabad police station is challenged before the Punjab & Haryana High Court at Chandigarh, which exercises jurisdiction over Haryana. The petition sets out the FIR, the grounds for quashing, and supporting documents. Notice is issued to the State and the complainant. Where the basis is a settlement, the parties usually appear or file affidavits confirming the compromise. The court then decides whether continuing the case would serve any purpose.

Can an FIR be quashed after the chargesheet is filed?

Yes. The power under Section 528 is not lost merely because investigation is complete or a chargesheet has been filed. Courts have quashed proceedings even at a later stage where continuing them would be an abuse of process or where a genuine settlement has been reached. The stage of the case is a factor the court weighs, not an absolute bar.

What is the difference between quashing an FIR and being acquitted?

Quashing stops the case before or during proceedings on legal grounds, without a full trial on evidence. An acquittal comes after trial, when the court finds the prosecution has not proved its case. Quashing is quicker and prevents the ordeal of a trial where the case is legally unsustainable, but it is granted only in clear situations. Whether a particular FIR qualifies depends closely on its specific wording and facts.

Preparing a quashing petition — what goes in the file

FIR + annexures: certified copy of the FIR and any chargesheet filed so far.
The grounds: paragraph-wise case under the Bhajan Lal categories — no offence disclosed, inherent improbability, malice, or settlement.
Settlement deed (if any): signed compromise with affidavits of both parties.
Filing at the P&H High Court: Faridabad FIRs go to Chandigarh — the Sessions Court cannot quash.
Notice + hearing: State (and complainant) respond; parties may be asked to appear in settlement matters.

Common quashing outcomes

Outcome	When it happens
Quashed on settlement	Personal/matrimonial/commercial dispute genuinely compromised — the most frequent route
Quashed — no offence	FIR read as a whole discloses no offence even if taken at face value
Dismissed	Disputed facts need trial — quashing is not a mini-trial, petition fails
Partly quashed	Proceedings dropped against some accused (e.g. distant relatives with omnibus allegations) and continue against others

Frequently asked questions

Can a settled FIR be quashed by the High Court?

Yes. Where parties to a personal or compoundable dispute genuinely settle, the High Court can quash the FIR to give effect to the compromise, subject to the nature of the offence.

Which court quashes an FIR registered in Faridabad?

The Punjab & Haryana High Court at Chandigarh, which exercises inherent jurisdiction under Section 528 BNSS over Haryana matters.

Is quashing an FIR guaranteed if the allegations seem weak?

No. Quashing is an extraordinary remedy. The court examines whether the FIR discloses any offence at all; weak evidence alone is usually tested at trial, not at the quashing stage.

FIR quash hone ke baad record ka kya hota hai?

Proceedings us FIR pe khatam ho jaati hain. Verification/records mein quashing order hi jawab hota hai — court ka final order file mein rehta hai.

Kya Faridabad ki Sessions Court FIR quash kar sakti hai?

Nahi — Section 528 BNSS ki inherent power sirf High Court ke paas hai. Faridabad FIR ke liye P&H High Court, Chandigarh.

Quashing petition mein kitna time lagta hai?

Settlement wale matters aksar kuch hearings mein ho jaate hain; contested no-offence petitions mein zyada time lagta hai — case-list aur bench pe depend karta hai.