Criminal

Petition for Quashing of FIR Under Section 528 BNSS

A petition for quashing is a substantive application filed before the High Court seeking to set aside a First Information Report (FIR) or the criminal proceedings arising from it. It invokes the High Court's inherent power to prevent abuse of the court's process or to secure the ends of justice.

This document is the complete paper-book filed in the High Court. It is grounded on Articles 226 and 227 of the Constitution of India, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which codifies the court's inherent jurisdiction.

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Governing law
Constitution Art 226/227 + BNSS 2023 s.528
Sections
s. 528
Filed before
High Court

When this is the right filing

  • When the allegations in the FIR, even if taken at face value, do not disclose the commission of a criminal offence.
  • When the criminal proceeding is manifestly attended with mala fides and has been instituted with an ulterior motive to harass the accused.
  • When the dispute is purely civil, contractual, or service-related in nature and has been given a criminal colour.
  • When there is an express legal bar to the continuation of the proceedings, such as the want of a requisite sanction or a statutory limitation.
  • When the parties have arrived at a settlement and the continuation of criminal proceedings would be an exercise in futility.

What the court looks for

  • A clear synopsis and list of dates establishing the chronology of the dispute and the investigation.
  • A precise pleading of the grounds for quashing, mapped to the categories laid down in State of Haryana v. Bhajan Lal.
  • The arraying of the complainant or informant as a party respondent, particularly where quashing is sought on the basis of a settlement.
  • A complete paper-book with an index, court fee, memo of parties, affidavit, and annexures cross-referenced in the body of the petition.
  • Proof of advance service of the paper-book on the State's Standing Counsel and on the complainant.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Listing proforma
  2. 2Index
  3. 3Court fee
  4. 4Notice of motion
  5. 5Urgent application
  6. 6Memo of parties
  7. 7Synopsis and list of dates and events
  8. 8Facts
  9. 9Grounds
  10. 10Prayer
  11. 11Affidavit in support
  12. 12Annexures
  13. 13Vakalatnama
  14. 14Proof of service
How it opens
Kindly take notice that the accompanying petition seeking quashing of FIR No. [fir no]/[fir year], P.S. [police station], and the proceedings emanating therefrom, in the above-noted matter, is being filed on behalf of the Petitioner and is likely to be listed before this Hon'ble Court on [listing date] or any date thereafter. Please take notice accordingly.

Bracketed items are filled from your case.

Frequently asked questions

Is this petition filed under Section 482 CrPC or Section 528 BNSS?

This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which is the successor to Section 482 of the Code of Criminal Procedure, 1973. You should use Section 528 BNSS for all matters governed by the new code, and only refer to Section 482 CrPC if the proceedings are still governed by the old law.

Is it mandatory to make the complainant a party respondent in a quashing petition?

Yes, the complainant or informant must be arrayed as a party respondent. Their presence is essential, and where quashing is sought on the basis of a compromise or settlement, the affidavit of the complainant (usually Respondent No. 2) is a critical requirement.

What is the difference between a quashing petition and a petition for anticipatory or regular bail?

A quashing petition seeks to terminate the criminal proceedings entirely by challenging the validity of the FIR itself. A bail petition, whether anticipatory or regular, does not challenge the FIR but only seeks the release of the accused during the investigation or trial. The paper-book format for filing in the Delhi High Court is, however, structurally identical.

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