Quashing Petition / Application
Before the Hon’ble High Court
A Practitioner’s Complete Guide — Procedure, Grounds, Landmark Cases & Draft Format
(Under Section 528 BNSS / Section 482 CrPC)
Table of Contents
- What is a Quashing Petition? — Conceptual Foundation
- Statutory Provision — Section 528 BNSS / Section 482 CrPC
- Which Law Applies — CrPC or BNSS?
- Grounds on Which Quashing Can Be Sought
- Step-by-Step Filing Procedure Before the High Court
- Documents to be Filed (Checklist)
- Landmark Judgments — What Courts Have Said
- Important Dos and Don’ts
- Draft Format — Quashing Petition
What is a Quashing Petition? — Conceptual Foundation
A quashing petition is a petition filed before the High Court invoking its inherent powers to set aside, annul or quash a First Information Report (FIR), a charge-sheet, criminal proceedings, or an order of a subordinate court — when such continuance would amount to an abuse of the process of the court or when the ends of justice so require.
In the words of the Supreme Court, the power of quashing is an “extraordinary and inherent jurisdiction” — not conferred by any statute but preserved by the legislature in recognition of the fact that courts must be able to prevent injustice. It is a supervisory, not appellate, jurisdiction.
What can be Quashed?
- FIR / First Information Report
- Charge-sheet / Final Report filed by Police
- Order taking cognizance by the Magistrate
- Order of framing of charges
- Criminal complaint filed before the Magistrate
- Criminal proceedings as a whole
- Summons issued by the Magistrate
- Any order of a subordinate criminal court
Statutory Provision — Section 528 BNSS / Section 482 CrPC
“Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”
This provision is verbatim reproduction of Section 482, CrPC 1973. The language has not changed — only the statutory number and the parent code have changed. The entire body of precedent built under Section 482 CrPC therefore continues to govern petitions filed under Section 528 BNSS.
The provision recognises three distinct limbs of inherent power:
- To give effect to any order made under the Code / Sanhita
- To prevent abuse of the process of any court
- To secure the ends of justice
Which Law Applies — CrPC or BNSS?
BNSS came into force on 1st July, 2024. The transition rule under Section 531 BNSS is critical for every practitioner:
- FIR registered before 1 July 2024 + proceedings pending on that date → CrPC continues to govern
- FIR registered on or after 1 July 2024 → BNSS applies
- Fresh application filed on or after 1 July 2024 even for old FIR → BNSS sections must be cited (majority HC view)
Grounds on Which Quashing Can Be Sought
The Supreme Court, through a series of landmark decisions, has crystallised the recognised grounds. These are not exhaustive — the power is inherent and flexible — but courts are guided by these settled principles:
No Offence Disclosed — Even if all allegations in the FIR are taken at face value and accepted as true, they do not constitute any cognisable offence.
Malafide / Motivated Complaint — The complaint is actuated by personal vendetta, ill-will, political rivalry, business dispute, or matrimonial animus, with no genuine criminal element.
Abuse of Process of Court — The criminal law machinery is being set in motion as a tool of harassment, pressure, or arm-twisting — not to secure justice.
Inherently Improbable Allegations — The allegations are so inherently improbable and unbelievable that no prudent person could accept them as truthful.
Legally Barred Prosecution — The prosecution is barred by limitation, or is ex-facie barred under any provision of law (e.g., prior sanction not obtained, time-barred complaint).
Settled Civil / Matrimonial Dispute — Parties have arrived at a genuine, bonafide settlement and continuance of criminal proceedings serves no public purpose.
Jurisdiction / Competence Issue — The court taking cognisance had no territorial or subject-matter jurisdiction to do so.
Delay Causing Grave Prejudice — Inordinate, unexplained delay in lodging the complaint, causing irreversible prejudice to the accused’s right to a fair trial.
Non-compoundable Offence but Settled — Even for non-compoundable offences, the Supreme Court permits quashing where the dispute is overwhelmingly private/civil in nature with no public interest element.
No Prior Sanction as Required by Law — For offences requiring prior sanction of competent authority (e.g., public servants), cognisance taken without such sanction is void.
Step-by-Step Filing Procedure Before the High Court
File before the High Court having territorial jurisdiction over the subordinate court / police station where the FIR / complaint is pending. Check if your High Court has a separate Criminal Original Side or if petitions are filed before the Chief Justice’s roster bench.
Apply for a certified copy of the FIR from the concerned police station or court. Certified copies are essential — uncertified photocopies are generally not accepted as annexures by the High Court Registry.
Draft the petition under Section 528 BNSS (or 482 CrPC for old proceedings). The petition must contain: cause title, jurisdiction clause, brief facts, grounds of challenge, prayer, and list of dates. Use the format provided below.
Compile the paper-book in the format prescribed by the relevant High Court Rules: petition + affidavit + all annexures in order. An Index page (listing all documents with page numbers) must precede the paper-book. Most High Courts require 3 to 5 sets.
The advocate on record must file a duly executed Vakalatnama signed by the client, along with the petition. Without this, the petition is not maintainable on behalf of the petitioner.
Pay the prescribed court fee (varies by High Court; typically a nominal fee for criminal matters). File the petition at the criminal filing counter of the High Court Registry. Obtain the filing receipt and case number.
Simultaneously or immediately after filing, move an urgent application seeking stay of the impugned proceedings before the subordinate court, pending disposal of the quashing petition. This is critical to prevent the trial from proceeding in the meanwhile.
On the first date, the matter comes up before the bench for admission. The court may: (a) admit the petition and issue notice to the opposite parties; (b) grant interim stay of proceedings; or (c) dismiss at the threshold. Be prepared to argue urgency and prima facie merit.
After admission, notice is sent to the State (through the Public Prosecutor) and the de facto complainant (2nd respondent). Ensure proper service and file proof of service within the time stipulated by the court.
The State files its counter through the Public Prosecutor. The complainant may file a separate counter. After counters are filed, the petitioner has the right to file a rejoinder affidavit addressing the counters.
At the final hearing, argue: (i) maintainability; (ii) the grounds of quashing; (iii) refer to landmark judgments; (iv) distinguish contrary judgments cited by the other side. Oral arguments are supported by written submissions / synopsis in most High Courts.
Documents to be Filed — Checklist
- Quashing Petition (original + sets as required by HC Rules)
- Affidavit in support of the petition, duly sworn and notarised
- Certified copy of FIR / complaint
- Certified copy of charge-sheet / final report (if filed)
- Certified copy of the order taking cognisance (if applicable)
- Certified copy of the impugned order (if any specific order is under challenge)
- Vakalatnama / Memo of Appearance signed by the petitioner
- Index page with page numbers of all documents
- Court fee payment receipt
- Interlocutory Application (I.A.) for interim stay of proceedings
- Affidavit in support of I.A.
- Copies of relevant documents / correspondence relied upon (as annexures)
- List of dates and events (chronological)
- If settlement: notarised settlement agreement / affidavit from both parties
- If prior sanction issue: proof of absence / defective sanction
Landmark Judgments — What the Supreme Court Has Laid Down
| Case | Key Principle |
|---|---|
| State of Haryana v. Bhajan Lal (1992) SCC Supp (1) 335 | The locus classicus. Supreme Court laid down the 7 categories of cases where FIR / proceedings can be quashed. Every quashing petition must be tested against these categories. Still the primary reference. |
| Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & Ors. (2021) 19 SCC 401 ⚑ Three-Judge Bench D.Y. Chandrachud, M.R. Shah & Sanjiv Khanna, JJ. Decided: 13 April 2021 |
The single most important post-Bhajan Lal authority on quashing — cited in virtually every quashing petition today. The three-judge bench (higher in authority than the Division Bench in Bhajan Lal) laid down the following binding principles:
|
| R.P. Kapur v. State of Punjab AIR 1960 SC 866 | Early recognition of inherent power to quash — (i) no legal evidence; (ii) proceedings manifestly groundless; (iii) complaint does not disclose offence. |
| State of Bihar v. Rajendra Agrawalla (1996) 8 SCC 164 | High Court must exercise this power sparingly and with caution. The power is not to be exercised as a matter of course. |
| Gian Singh v. State of Punjab (2012) 10 SCC 303 | Landmark judgment on settlement-based quashing. Supreme Court held that even non-compoundable offences can be quashed if the dispute is overwhelmingly private, both parties have settled, and no public interest is involved. |
| Narinder Singh v. State of Punjab (2014) 6 SCC 466 | Laid down factors for deciding whether a case involving non-compoundable offences qualifies for quashing on settlement: nature of offence, social impact, whether victim is genuinely satisfied, etc. |
| Pepsi Foods Ltd. v. Special Judicial Magistrate (1998) 5 SCC 749 | Court should quash proceedings when allegations in the complaint do not disclose any offence even if taken at face value — no need to go into any further inquiry. |
| CBI v. A. Ravishankar Prasad (2009) 6 SCC 351 | Inherent powers cannot be invoked to stifle a legitimate prosecution. Power must be exercised only in rarest of rare cases where circumstances clearly call for it. |
| Indian Oil Corporation v. NEPC India Ltd. (2006) 6 SCC 736 | Commercial / civil disputes dressed up as criminal complaints — courts should be careful to identify this and not allow criminal process to be used as a recovery tool. |
Important Dos and Don’ts
✔ Dos
- Always state the complete and accurate facts — High Court cannot be misled
- Mention all previous applications / orders relating to the same FIR
- File a strong affidavit — facts in the petition must be verified
- Cite the Bhajan Lal categories that apply to your case
- Clearly establish which category / ground applies on the face of the FIR itself
- Obtain and file a certified copy of the FIR without fail
- File an IA for stay simultaneously with the main petition
- Mention if there are co-accused and status of their proceedings
- Prepare a list of dates — courts appreciate chronological clarity
✘ Don’ts
- Do not suppress earlier bail applications, orders, or proceedings
- Do not make the petition a vehicle to establish your innocence — that is for trial
- Do not challenge disputed questions of fact — that goes to trial court
- Do not over-load the petition with documents not directly relevant
- Do not cite CrPC provisions for fresh petitions filed post July 2024
- Do not assume settlement alone is sufficient — court weighs public interest too
- Do not proceed without a Vakalatnama / Memo of Appearance
- Do not miss service of notice on the de facto complainant — it is fatal
Draft Format — Quashing Petition Under Section 528 BNSS / Section 482 CrPC
The following is a standard, court-ready draft format. Fields marked in amber italics are to be filled in with the specific facts of each case.
(Under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023)
[Add additional petitioners if co-accused are joining]
2. [Name of the Defacto Complainant / Informant], S/o / D/o [Father’s Name], residing at [Address].
— Petition Under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 —
(Seeking quashing of FIR No. [__] / [Year] registered at [Police Station Name], [District], for offences under Sections [BNS / IPC Sections] and all proceedings arising therefrom)
1. The Petitioner(s) state(s) that on [Date], the 2nd Respondent / defacto complainant lodged FIR No. [__] of [Year] at [Police Station Name] Police Station, [District], against the Petitioner(s), alleging offences punishable under Sections [Sections] of the [BNS, 2023 / IPC, 1860]. A certified copy of the said FIR is herewith filed as Annexure P-1.
2. The Petitioner(s) state(s) that the said FIR arises out of [brief background — matrimonial dispute / commercial dispute / personal vendetta, etc.] between the parties. The allegation in the FIR are, briefly stated, as follows: [one paragraph summary of the allegations in the FIR, as they appear on the face of the document].
3. [Add further relevant background facts — e.g., prior civil litigation between parties, settlement, relationship between parties, previous FIRs, etc., in numbered paragraphs.]
4. The Petitioner(s) state(s) that a charge-sheet [has been / has not been] filed in the above case. [If filed: “A certified copy of the charge-sheet is filed herewith as Annexure P-2.”]
5. This Hon’ble Court has jurisdiction to entertain and try this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The police station where the FIR is registered and the court where the proceedings are pending are situated within the territorial jurisdiction of this Hon’ble Court.
6. The Petitioner(s) challenge the impugned FIR and all proceedings arising therefrom on the following grounds:
- That the FIR, even if read in its entirety and all allegations therein are assumed to be true for the purpose of this petition, does not disclose any cognisable offence against the Petitioner(s) as laid down in State of Haryana v. Bhajan Lal, (1992) SCC Supp (1) 335.
- That the FIR is a product of malafide and personal vendetta. The 2nd Respondent has lodged the complaint with the sole motive of [harassment / coercion / pressurising settlement in civil dispute, etc.] and not in the interest of justice.
- That [Specific Ground — e.g., “the allegations in the FIR relate purely to a civil / commercial dispute arising out of [agreement / transaction] dated [date] and no criminal element is made out. Filing a criminal complaint in respect of a civil dispute amounts to an abuse of the process of the court.”]
- That [Specific Ground — e.g., “the complaint is hopelessly time-barred and barred by limitation under Section [__] of the BNSS / CrPC inasmuch as the cause of action, if any, arose on [date], which is more than [__] years prior to the date of the complaint.”]
- That [Add further grounds as applicable to the facts of the case.]
- That continuance of the impugned proceedings against the Petitioner(s) would be an abuse of the process of this Court and would result in grave miscarriage of justice.
- That the Petitioner(s) ha(s/ve) a clean antecedent record and have never been convicted of any offence, and the registration of the FIR itself causes irreparable injury to their reputation, livelihood and standing in society.
| Date | Event |
|---|---|
| [Date] | [Event — e.g., FIR registered at XX Police Station] |
| [Date] | [Event — e.g., Petitioner arrested / produced before Magistrate] |
| [Date] | [Event — e.g., Charge-sheet filed / Cognizance taken] |
| [Date] | Filing of this Petition |
In the light of the facts and circumstances stated hereinabove, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:
- Issue a Writ, Order or Direction, calling for the records in FIR No. [__] of [Year] registered at [Police Station] Police Station, [District], for offences under Sections [Sections], and after examining the same, quash and set aside the said FIR and all proceedings arising therefrom, including the proceedings in [Case No. / C.C. No. / S.C. No., if any] pending before the [Court Name];
- Pending disposal of this petition, stay all further proceedings in the said FIR / case before the [Subordinate Court];
- Pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.
And for this act of kindness, the Petitioner(s) shall, as in duty bound, ever pray.
Place: [City]
Date: [Date]
Respectfully submitted,
[Signature of Petitioner / Advocate]
[Name of Advocate]
Advocate for the Petitioner(s)
Enrollment No.: [__]
Mobile: [__]
I, [Name of Petitioner], S/o [Father’s Name], aged about [__] years, residing at [Address], the Petitioner above-named, do hereby solemnly affirm and state on oath that the contents of the above petition from paragraphs 1 to [__] are true and correct to the best of my knowledge, belief, and information, and that I have not suppressed any material facts.
Verified at [City] on this [__] day of [Month], [Year].
Deponent
[Signature of Petitioner]
