How to apply for quashing of FIR in High Court is one of the most frequently asked legal questions by individuals wrongfully implicated in criminal matters. An FIR (First Information Report) is the official recording of information about the commission of a cognizable offence. Once registered, it triggers the machinery of criminal law. However, under Article 226 and 227 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which replaces the Code of Criminal Procedure), the High Court retains inherent powers to quash FIRs under specific circumstances.
This article is written to guide law students, litigants, and individuals seeking legal representation from criminal lawyers in Chandigarh, high court advocates in Chandigarh, or criminal defense lawyers. It covers laws, procedures, documents, case types, and frequently asked questions, all updated to reflect the new criminal laws in India.
Legal Provisions for Quashing an FIR Under New Criminal Law
Section 582 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
This section replaces Section 582 of the BNSS and retains the same essence. It empowers the High Court to:
- Prevent abuse of the process of law
- Secure the ends of justice
- Intervene when no prima facie case exists
Article 226 and 227 of the Constitution of India
These constitutional powers are independent of BNSS and allow High Courts to issue directions, writs, or orders, including for quashing FIRs where legal violations or misuse of police power is evident.
Common Grounds for Quashing FIRs
Quashing is not an absolute right but is granted on specific legal and factual grounds. These may include:
Private Disputes with Settlement
In cases like matrimonial disputes, financial agreements, or business misunderstandings, the matter can be resolved through compromise. Courts are inclined to quash the FIR if:
- The parties have settled amicably
- The offence is not against public policy or morality
- The offence is compoundable or quasi-civil in nature
Lack of Prima Facie Evidence
If the FIR does not disclose any actionable offence or is based on vague allegations, it can be quashed.
Abuse of Legal Process
FIRs filed to harass, threaten, or pressurize the accused can be challenged as misuse of criminal law.
Civil Disputes Being Criminalized
Many times, civil matters such as breach of contract, debt recovery, or partnership disputes are framed as criminal cases (like cheating or criminal breach of trust). Courts may quash such FIRs if they are essentially civil in nature.
Types of Cases Commonly Quashed
Matrimonial Disputes
- Section 85 of the Bharatiya Nyaya Sanhita (BNS) – Cruelty (previously 498A IPC)
- Dowry Prohibition Act violations
- Domestic Violence Act proceedings (monetary reliefs under Section 20)
These cases are often quashed post mutual settlement, especially in the context of divorce, child custody, or alimony disputes.
Financial or Commercial Disputes
- Section 316 BNS – Cheating (earlier 420 IPC)
- Section 317 BNS – Criminal breach of trust (earlier 406 IPC)
If a compromise is reached, parties may move a joint petition for quashing.
Forgery and Document-Related Offences
- Section 336 to 340 BNS – Forgery and using forged documents (previously IPC Sections 468, 471)
Applicable when disputes arise from business or property documentation and are later settled.
Procedure to Apply for FIR Quashing in High Court
Step 1: Consultation with Criminal Defense Lawyers in Chandigarh
Before filing any legal petition, it’s essential to get your FIR reviewed by experienced criminal lawyers in Chandigarh or high court advocates in Chandigarh to determine whether it falls within the quashable category.
Step 2: Drafting the Petition under Section 482 BNSS
The petition must contain:
- Complete FIR details
- Legal grounds for quashing
- Facts of the case
- Whether parties have settled the matter (if applicable)
- Supporting affidavits and compromise deeds
Step 3: Filing the Petition in Punjab & Haryana High Court
If the FIR was filed in Chandigarh or surrounding areas, the petition should be filed before the Punjab and Haryana High Court.
Step 4: Serving Notices to State and Complainant
The High Court will issue notices to:
- The State government
- The original complainant
In cases involving settlements, the complainant must appear and confirm the compromise.
Step 5: Final Hearing and Order
After evaluating the case facts, documents, and arguments from high court lawyers in Chandigarh, the court may:
- Allow quashing of FIR
- Dismiss the petition with liberty to file discharge
- Suggest alternate remedies
Important Documents Required for FIR Quashing
- Certified copy of FIR
- Copy of settlement deed (in compromise cases)
- Affidavits of both parties
- Identity proof (Aadhar/PAN)
- Marriage certificate (in matrimonial disputes)
- Criminal case history or charge sheet (if filed)
- Vakalatnama for legal representation
Your criminal advocates in Chandigarh can guide you on preparing and notarizing these documents correctly.
Role of the Complainant and Settlement
In compoundable offences, the complainant’s consent is legally required. However, in non-compoundable offences, the court has the discretion to quash based on:
- The nature of the offence
- The seriousness of allegations
- Whether public interest is involved
Landmark Rulings:
- Gian Singh v. State of Punjab (2012) – Allowed quashing even in non-compoundable cases if the offence is private in nature
- Narinder Singh v. State of Punjab (2014) – Laid guidelines for quashing based on compromise
- State of Haryana v. Bhajan Lal (1992) – Seven-point test for quashing an FIR under inherent powers
FIR Quashing Under New Criminal Laws: Key Considerations
New Sections Replacing IPC Offences
| Old IPC Section | New BNS Section | Offence |
| 498A | 85 | Cruelty by husband or relatives |
| 420 | 316 | Cheating |
| 406 | 317 | Criminal breach of trust |
| 468, 471 | 336–340 | Forgery & forged document use |
| 509 | 77 | Insult to modesty of a woman |
All references in quashing petitions must now cite BNS sections to remain procedurally accurate under the new criminal regime.
Can FIRs in Non-Compoundable Offences Be Quashed?
Yes, the High Court has discretionary power under Section 482 BNSS to quash even non-compoundable offences if:
- The case is purely personal or matrimonial in nature
- There’s no societal impact
- The trial would waste judicial time and resources
However, FIRs involving:
- Sexual offences
- Child abuse
- National security
- Public servants in discharge of duties
are less likely to be quashed.
Alternative Legal Remedies If FIR Is Not Quashed
- Apply for Discharge before trial court under Section 277 BNSS
- Seek anticipatory bail under Section 482 BNSS
- File a writ petition under Article 226
- Challenge the framing of charges
- Go for mediation or settlement, then refile for quashing
Difference Between FIR Quashing, Discharge, and Acquittal
| Legal Remedy | Stage | Jurisdiction | Outcome |
| FIR Quashing | Pre-trial | High Court | FIR and proceedings nullified |
| Discharge | Pre-trial | Trial Court | Accused released due to no evidence |
| Acquittal | Post-trial | Trial Court | Found not guilty after full trial |
Timeframe and Costs
The duration for quashing proceedings in the High Court may vary between 4 to 8 months. Urgent matters, especially post-compromise, may be heard sooner. Court fees and advocate fees are additional, and criminal defense lawyers in Chandigarh can guide on expected costs.
Filing for quashing of an FIR under the new criminal law (BNSS, 2023) requires deep legal insight, strategic planning, and timely action. Whether the FIR stems from a matrimonial case, business dispute, or a false allegation, the High Court’s inherent powers provide a meaningful remedy to protect innocent individuals from unjust prosecution.
Engaging skilled criminal lawyers in Chandigarh, high court lawyers, or criminal defense advocates ensures that your petition is grounded in law, supported by evidence, and presented with procedural precision. As the legal landscape transitions under the new criminal codes, staying updated and acting promptly is more important than ever.
Generally Asked FAQs
- Can FIR be quashed after the chargesheet is filed under the new BNSS?
Yes. The High Court can quash the FIR and all proceedings even after the chargesheet has been filed, particularly if a compromise has been reached or no prima facie offence is made out. - What if the complainant is not willing to settle the matter?
Even in non-compoundable offences, the court can quash the FIR if it’s convinced that the matter is private in nature and continuing proceedings would be futile or abusive. - Can I apply for FIR quashing without attending court personally?
In compromise cases, the physical presence of both parties is generally required for verification. However, under certain circumstances, courts may allow video conferencing or representation through power of attorney. - Can FIR be quashed in cases of false dowry allegations under the new BNS?
Yes. FIRs filed under Section 85 of BNS (formerly 498A IPC) can be quashed if both parties reach a mutual settlement or the allegations are proved to be false or exaggerated. - What is the role of high court lawyers in Chandigarh in FIR quashing?
High court advocates in Chandigarh play a critical role in drafting, filing, arguing, and negotiating FIR quashing petitions. Their experience with local procedural requirements and High Court discretion is vital for success.