FIR Quashing Petition under Section 528 BNSS / Section 482 CrPC
The High Court has inherent power to quash an FIR, complaint or criminal proceeding where intervention is necessary to give effect to an order under criminal procedure law, prevent abuse of the process of a court, or otherwise secure the ends of justice. For proceedings governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, the present provision is Section 528 BNSS. Section 482 of the Code of Criminal Procedure, 1973 continues to matter for proceedings saved by the BNSS repeal-and-savings provision.
Section 528 BNSS - saving of inherent powers of High Court
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the inherent powers of the High Court to make orders necessary to give effect to an order under the Sanhita, prevent abuse of the process of any court, or otherwise secure the ends of justice.
This jurisdiction is extraordinary and discretionary. It is not intended to conduct a full trial on disputed evidence at the quashing stage. The petition should therefore identify why continuation of the criminal process itself would be legally unsustainable or unjust.
Section 482 CrPC - when the old provision may still apply
Section 482 of the Code of Criminal Procedure, 1973 used substantially the same formulation for the High Court's inherent powers. Although the CrPC has been repealed by BNSS, Section 531 BNSS saves, among other things, appeals, applications, trials, inquiries and investigations pending immediately before July 1, 2024, to be continued under the CrPC as if BNSS had not come into force.
When can an FIR or criminal proceeding be quashed?
The inherent jurisdiction may be invoked where the allegations, even if accepted at face value, do not disclose the ingredients of the alleged offence; where the prosecution is manifestly attended by legal abuse; where an express legal bar applies; or where intervention is otherwise required to secure the ends of justice. The Supreme Court has repeatedly emphasized that the power is wide but must be exercised sparingly and with caution.
A quashing petition should not merely assert innocence. It should map the FIR, complaint, charge-sheet or summoning order against the statutory ingredients of the offences and identify the legal defect apparent from the record.
Quashing on settlement or compromise
The High Court's inherent power to quash is distinct from statutory compounding. In appropriate disputes having an overwhelmingly private or civil character, a genuine voluntary settlement may justify quashing where continuation of proceedings would serve no useful purpose and the ends of justice favor termination. However, compromise does not automatically justify quashing serious or heinous offences, offences having a significant public impact, or categories where the Supreme Court has cautioned against private settlements overriding public interest.
The specimen below retains the matrimonial-settlement context of the original page. It should be adapted to the applicable substantive offences under the Bharatiya Nyaya Sanhita, 2023 or the Indian Penal Code, 1860, depending on the date and governing law of the underlying offence and proceeding.
Specimen petition for quashing FIR / criminal proceedings
IN THE HIGH COURT OF ____________________
CRIMINAL M.C. / CRIMINAL MISC. PETITION NO. ______ OF 20__
IN THE MATTER OF:
Mr./Ms. ____________________
_____________________________
_____________________________
PETITIONER(S)
VERSUS
State of ____________________
And/or
_____________________________
RESPONDENT(S)
PETITION UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 / SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973, AS APPLICABLE, SEEKING QUASHING OF FIR NO. ___/20__, POLICE STATION ____________, REGISTERED FOR OFFENCE(S) UNDER SECTION(S) ____________ OF THE BNS / IPC / OTHER APPLICABLE LAW AND ALL PROCEEDINGS ARISING THEREFROM
TO,
THE HON'BLE CHIEF JUSTICE AND THE HON'BLE COMPANION JUDGES OF THE HIGH COURT OF ____________________.
MOST RESPECTFULLY SHOWETH:
1. That the present petition is being filed for quashing FIR No. ______ dated ______ registered at Police Station ____________ for alleged offence(s) under Section(s) ____________ of the BNS / IPC / other applicable law and the proceedings arising therefrom.
2. That the marriage between Petitioner No. ___ and Respondent No. 2 / complainant was solemnized on ____________ at ____________ according to ____________ rites and ceremonies.
3. That matrimonial differences arose between the parties and they have been living separately since ____________.
4. That Respondent No. 2 / complainant lodged a complaint dated ____________ at Police Station ____________, which resulted in registration of FIR No. ____________. A true copy of the FIR is annexed as Annexure P-1.
5. That with the intervention of the Mediation Centre / relatives / well-wishers, the parties have amicably resolved their disputes and executed a settlement dated ____________. A copy of the settlement is annexed as Annexure P-2.
6. That under the settlement the parties agreed that their matrimonial disputes would stand finally resolved and that neither party would pursue claims against the other except in accordance with the settlement terms.
7. That the Petitioner agreed to pay a total sum of Rs. ____________/- towards full and final settlement of claims including, where applicable, maintenance, permanent alimony, stridhan and other matrimonial claims, subject to the terms recorded in the settlement.
8. That the settlement amount was agreed to be paid in ______ instalments. The payments already made and the balance, if any, payable at the stage of quashing are set out below: ________________________________.
9. That Respondent No. 2 / complainant has stated that the dispute has been settled voluntarily and that he/she has no surviving grievance against the Petitioner(s), subject to compliance with the settlement.
10. That the settlement has been entered into voluntarily and without threat, pressure, coercion or undue influence.
11. That Respondent No. 2 / complainant has no objection to quashing of the FIR and consequential proceedings, subject to the settlement terms.
12. That in the facts of the present case, continuation of the criminal proceedings would serve no useful purpose and would amount to abuse of the process of law, whereas quashing would secure the ends of justice.
13. That the Petitioner(s) crave leave to urge further grounds at the time of hearing, if necessary and permissible.
14. That no other petition seeking substantially the same relief against the same FIR / proceeding has been filed by the Petitioner(s), except as specifically disclosed here: ________________________________.
15. That the annexures filed with this petition are true copies of their respective originals.
GROUNDS
A. Because the inherent jurisdiction of this Hon'ble Court may be exercised to prevent abuse of the process of any court and to secure the ends of justice.
B. Because the dispute between the private parties has been resolved voluntarily and, in the facts of the case, the possibility and utility of continuing the criminal prosecution require consideration in light of the governing Supreme Court principles.
C. Because the settlement is genuine, voluntary and free from coercion and Respondent No. 2 / complainant has no objection to the relief sought.
D. Because continuation of the impugned proceedings despite complete resolution of the private dispute would cause unnecessary prejudice and would not advance the ends of justice, subject always to the nature and gravity of the alleged offence.
PRAYER
In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:
(a) quash FIR No. ______ dated ______ registered at Police Station ____________ for offence(s) under Section(s) ____________ of the BNS / IPC / other applicable law and all proceedings arising therefrom; and
(b) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interests of justice.
PETITIONER(S)
THROUGH
________________ ADVOCATE
Place: ____________
Date: ____________
Affidavit to accompany quashing petition
IN THE HIGH COURT OF ____________________
CRIMINAL M.C. / CRIMINAL MISC. PETITION NO. ______ OF 20__
IN THE MATTER OF:
Mr./Ms. ____________________
PETITIONER
VERSUS
State of ____________________ & Anr.
RESPONDENTS
AFFIDAVIT
I, ____________________, aged about ____ years, S/o / D/o / W/o ____________________, resident of ________________________________, do hereby solemnly affirm and declare as under:
1. That I am the Petitioner in the accompanying petition and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.
2. That the accompanying petition has been drafted and filed under my instructions. I have read and understood its contents, which are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
3. That I have not filed any other petition seeking the same relief in respect of the FIR / criminal proceeding in question except as disclosed in the accompanying petition.
DEPONENT
VERIFICATION
Verified at ____________ on this ____ day of ____________, 20__, that the contents of the above affidavit are true and correct to my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
This specimen is for drafting guidance and must be adapted to the facts, applicable High Court Rules, filing nomenclature, territorial jurisdiction, substantive penal provisions and the procedural law governing the particular case.