Key points
- The power is under Section 528 of the BNSS, which carries forward Section 482 of the CrPC and the case law under it.
- The seven categories in State of Haryana v. Bhajan Lal (1992) remain the benchmark for quashing on merits.
- Settlement between the parties supports quashing in private disputes, but not in heinous offences or offences against the State.
The legal basis
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the inherent powers of the High Court to make orders necessary to prevent abuse of the process of any court or to secure the ends of justice. All the jurisprudence built under Section 482 of the old Code applies.
Grounds on merits
In State of Haryana v. Bhajan Lal the Supreme Court set out the situations in which an FIR may be quashed, including where the allegations, taken at face value, do not constitute any offence; where they are absurd or inherently improbable; where there is an express legal bar to the proceedings; and where the proceeding is manifestly attended with mala fides or instituted to wreak vengeance. The court does not weigh evidence at this stage; it asks whether, assuming the allegations are true, an offence is made out.
Quashing on settlement
Following Gian Singh v. State of Punjab (2012) and Narinder Singh v. State of Punjab (2014), the High Court quashes proceedings arising from matrimonial, commercial, property or personal disputes where the parties have genuinely settled, because a conviction is then improbable and the proceedings would serve no purpose. Offences of a serious nature, such as murder, rape or offences under special statutes with a public dimension, are not quashed on settlement.
How the petition works
A petition is filed in the Delhi High Court with the FIR, the settlement deed if any, and affidavits. Notice goes to the State and the complainant. Where quashing is on settlement, the complainant is usually required to appear before the court or the Joint Registrar to confirm the settlement. The court may impose costs payable to a legal aid body.
Frequently asked questions
At what stage can an FIR be quashed?
At any stage: after registration, after the charge sheet, or even after charges are framed, although courts are more reluctant once the trial has progressed.
Will the High Court examine my evidence?
Not usually. Quashing on merits is decided on the face of the FIR and the charge sheet. Documents of unimpeachable quality can be considered in exceptional cases.
Can a cheque bounce case be quashed on settlement?
Yes. Section 138 NI Act offences are compoundable, and the High Court regularly quashes them once the amount is paid, typically with costs.
Related practice area: Criminal Defence
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.