Bail & criminal procedure

Quashing of FIR under Section 482 CrPC / Section 528 BNSS

An advocate seeking to quash an FIR under Section 482 of the Code of Criminal Procedure, 1973 (or Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) must first establish that the allegations, even when taken at face value, do not disclose the commission of a cognizable offence. The petition is often grounded in the argument that the dispute is essentially of a civil nature and the complainant has given it a criminal colour to harass the accused. The High Court's inherent power to prevent abuse of the process of any court or to secure the ends of justice is the foundation of this remedy.

Courts approach a quashing petition by examining whether the FIR and the accompanying material, read as a whole, make out a prima facie case. The Supreme Court has consistently held that the power under Section 482 is distinct from the power to compound offences under Section 320. In Gian Singh v. State of Punjab & Another, the Court clarified that heinous and serious offences with a grave impact on society cannot be quashed merely on the basis of a compromise, whereas in B.S. Joshi and Ors. v. State of Haryana and Anr., proceedings arising from matrimonial disputes were quashed to secure the ends of justice. The direction of the listed cases shows that courts weigh the nature of the offence, the stage of the proceedings, and whether the dispute is predominantly private or has a wider societal impact.

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The leading cases

12 judgments · 12 Supreme Court · most-cited first

What LexPilot's research engine returns for this question, ranked by court and how often each judgment has been cited since. Read the full judgment before you rely on a holding.

  1. 1

    P.K. Shaji @ Thammanam Shaji v. State of Kerala

    2005 INSC 534Supreme Court · 2005cited 94,069 times

    The Magistrate's order cancelling bail was legal and valid. The Sessions Court, while granting bail under Section 439 CrPC, had specifically empowered the Magistrate to consider violations and pass appropriate orders…

  2. 2

    Narinder Singh & Ors. v. State of Punjab & Anr.

    2014 INSC 217Supreme Court · 2014cited 15,432 times

    The Supreme Court allowed the appeal and quashed the criminal proceedings. It held that s.482 CrPC power to quash is distinct from the s.320 power to compound and can be exercised even for non-compoundable offences…

  3. 3

    B.S. Joshi and Ors. v. State of Haryana and Anr.

    2003 INSC 179Supreme Court · 2003cited 11,973 times

    The High Court, in exercise of its inherent powers under Section 482 Cr.P.C., can quash criminal proceedings, FIR, or complaint in matrimonial disputes even for non-compoundable offences under Section 498A and 406 IPC.…

  4. 4

    Satender Kumar Antil v. Central Bureau of Investigation & Anr.

    2022 INSC 690Supreme Court · 2022cited 9,001 times

    Non-compliance with ss. 41 and 41A CrPC entitles an accused to bail as a right; these provisions are facets of Art. 21. The right to default bail under s. 167(2) is absolute and indefeasible and applies equally under…

  5. 5

    Dataram Singh v. State of Uttar Pradesh & Anr.

    2018 INSC 107Supreme Court · 2018cited 8,612 times

    The Supreme Court allowed the appeal and granted bail to the appellant. The Court held that grant of bail is the general rule and incarceration is the exception. The discretion to grant bail must be exercised…

  6. 6

    Lata Singh v. State of U.P. and Anr.

    2006 INSC 407Supreme Court · 2006cited 8,302 times

    A major individual has the right to marry anyone of their choice, including in an inter-caste marriage, and no offence is committed by such a couple or their supportive relatives. Criminal proceedings initiated due to…

  7. 7

    M/S Celestium Financial v. A. Gnanasekaran Etc

    2025 INSC 804Supreme Court · 2025cited 8,155 times

    A complainant under s. 138 NI Act is a "victim" within s. 2(wa) CrPC because the dishonour of a cheque causes direct economic loss and injury. Such a complainant-victim has a right to appeal against an order of…

  8. 8

    Gian Singh v. State of Punjab & Another

    2012 INSC 419Supreme Court · 2012cited 7,921 times

    The inherent power of the High Court under s. 482 CrPC to quash criminal proceedings is distinct from the power of compounding under s. 320; s. 320 does not limit or restrict s. 482. The High Court may quash…

  9. 9

    Smt. Nagawwa v. Veeranna Shivalingappa Konjalgi & Ors.

    1976 INSC 125Supreme Court · 1976cited 7,852 times

    The High Court exceeded its revisional jurisdiction. The Magistrate's order issuing process was based on a reasoned consideration of the complaint and evidence, and was not passed mechanically. At the stage of Sections…

  10. 10

    The State of Madhya Pradesh v. Laxmi Narayan and Others

    2019 INSC 307Supreme Court · 2019cited 7,625 times

    The High Court's orders quashing the FIRs are not sustainable. The High Court mechanically exercised its power under Section 482 CrPC without considering that the offences were non-compoundable under Section 320 CrPC…

  11. 11

    Nikhil Merchant v. Central Bureau of Investigation & Anr

    2008 INSC 948Supreme Court · 2008cited 6,710 times

    The Supreme Court allowed the appeal and quashed the criminal proceedings against the appellant. The Court held that, on an overall view of the facts and keeping in mind the compromise decree and the principle in B.S.…

  12. 12

    Secretary, State of Karnataka and Ors. v. Umadevi and Ors.

    2006 INSC 216Supreme Court · 2006cited 6,553 times

    The appeal was disposed of in favour of the State. The Supreme Court held that there is no fundamental right to regularization or permanent absorption for employees engaged on daily wages, temporarily, or…

Frequently asked questions

Can an FIR be quashed if the dispute is essentially civil in nature?

Yes. The Supreme Court has repeatedly held that criminal proceedings initiated with an ulterior motive to settle a civil dispute amount to an abuse of the process of court. If the allegations, taken at face value, reveal a purely commercial or property dispute with no element of criminal intent, the High Court may quash the FIR under Section 482 CrPC to prevent harassment.

What is the difference between quashing under Section 482 CrPC and compounding under Section 320 CrPC?

The power to quash under Section 482 CrPC is an inherent power of the High Court and is distinct from the power to compound offences under Section 320 CrPC. Compounding is permitted only for the offences listed in Section 320, whereas quashing can be exercised even for non-compoundable offences if the court is satisfied that the continuation of proceedings would be an abuse of process or would not serve the ends of justice. Gian Singh v. State of Punjab & Another explains that Section 320 does not limit the scope of Section 482.

Can a non-compoundable offence be quashed on the basis of a compromise between the parties?

The High Court may quash proceedings for non-compoundable offences based on a settlement, but only after carefully evaluating the nature and gravity of the crime. In The State of Madhya Pradesh v. Laxmi Narayan and Others, the Supreme Court cautioned against a mechanical exercise of this power and held that offences having a serious impact on society cannot be quashed merely because the parties have settled their private dispute.

At what stage can a petition for quashing be filed?

A petition under Section 482 CrPC can be filed at any stage, from the registration of the FIR to the pendency of the trial. The court examines the material on record as it stands at the time of the petition. The test is whether the uncontroverted allegations, as they appear in the FIR and the charge-sheet, make out the offence alleged.

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