Last Updated on November 10, 2025 by Satish Mishra
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the High Court can quash an FIR by exercising its inherent powers under Section 528 BNSS. This remedy is available when the FIR is considered unjust, malicious, or an abuse of process, such as when it is filed to harass someone or is a disguised civil dispute. It is crucial to note that after the court takes cognizance of an offense, the proper remedy is to file a petition under Section 528 BNSS, not a writ petition under Article 226. [1, 2, 3, 4, 5, 6]
FIR quashing under the Bharatiya Nagarik Suraksha Sanhita (BNSS) is done by the High Court using its inherent powers recognized under Section 528 BNSS. This section is equivalent to the former Section 482 of the Code of Criminal Procedure (CrPC).
The BNSS came into force on July 1, 2024. Petitions filed after this date must cite the provisions of the BNSS, even if the original FIR was lodged under the previous CrPC.
The High Court can exercise its power to quash an FIR to prevent the abuse of the legal process and to secure the ends of justice. The grounds are based on principles established in landmark cases like State of Haryana v. Bhajan Lal.
Grounds for quashing an FIR under Section 528 BNSS
- No offense disclosed: The allegations in the FIR do not, on their face, constitute any offense. [6]
- Malicious intent: The FIR was filed with a mala fide motive, such as to harass the accused or settle a score. [3, 7]
- Civil dispute: The dispute is primarily civil in nature, and the criminal complaint is being used to exert pressure. [2, 8, 9]
- Abuse of process: Allowing the proceedings to continue would be an abuse of the court’s process and would defeat the ends of justice. [7]
- Compromise Between Parties: In cases of personal or matrimonial disputes, even for certain non-compoundable offences, the High Court can quash the FIR if the parties have reached a genuine settlement and continuing the case would be futile.
- Legal Bar: Where there is an express legal bar in the BNSS or any other relevant Act to the institution or continuance of the proceedings.
- Absurd or Improbable Allegations: If the allegations are so absurd and inherently improbable that no prudent person can reach a just conclusion that there is sufficient ground to proceed.
Procedure for Filing a Quashing Petition
Consult a Lawyer: Seek guidance from an experienced criminal lawyer.
Draft the Petition: A petition must be drafted under Section 528 BNSS (and Article 226/227 of the Constitution, if applicable) for filing in the High Court.
Attach Documents: The petition requires a certified copy of the FIR, any charge sheet (if filed), affidavits, and compromise deeds (if a settlement is reached).
Filing and Hearing: The petition is filed in the High Court, and notices are served to the State and the complainant.
Court’s Discretion: The High Court exercises its inherent power sparingly and with circumspection, not interfering in every case unless the specific guidelines are met.
The court will not conduct a “mini-trial” or inquire into the reliability of evidence at this stage but will examine if a prima facie case is made out.
The High Court retains the power to quash an FIR even after a charge sheet has been filed during the pendency of the petition
Quashing of an First Information Report (FIR) and filing a Discharge Application are two different legal remedies available to an accused in a criminal case, differing in their stage, jurisdiction, scope, and grounds.
Key Differences: Quashing vs. Discharge Application
| Feature | FIR Quashing Petition | Discharge Application |
| Governing Law (under BNSS) | Section 528 BNSS (equivalent to Section 482 CrPC) and Article 226/227 of the Constitution. | Section 250 BNSS (equivalent to Section 227 CrPC), 263 (S. 239 CrPC), or 283 (S. 245 CrPC) depending on the type of trial. |
| Jurisdiction | High Court | Trial Court (Sessions Court or Magistrate’s Court) |
| Stage | Can be filed at any stage, even right after the FIR is registered, during investigation, or after a charge sheet is filed. | Filed after the charge sheet is submitted by the police, but before the framing of charges and the commencement of the trial. |
| Scope | Wider scope. The High Court can examine the overall allegations, external material provided by the accused, and the entire context to prevent abuse of the process or secure justice. | Narrower scope. The Trial Court primarily considers the materials and documents placed on record by the prosecution (charge sheet and supporting evidence) to determine if a sufficient ground exists to proceed to trial. |
| Grounds | Based on principles like State of Haryana v. Bhajan Lal. Grounds include no prima facie offence on the face of the FIR, mala fide intention (malice), purely civil nature of the dispute given a criminal colour, or a genuine compromise in specific cases. | Grounds focus on the insufficiency of evidence presented by the prosecution in the charge sheet to make out a case for trial, lack of proper sanction for prosecution, or if the charge is groundless. |
| Outcome | If allowed, the entire FIR and subsequent proceedings are annulled/cancelled (quashed), meaning they are treated as if they never existed. | If allowed, the accused is released from the specific charges against them in that case due to lack of evidence for trial, but the FIR itself may still stand in some instances. |
When to Choose Which?
Quashing is advisable when the complaint is fundamentally flawed, malicious, a clear abuse of process, or discloses no offence from the outset.
A Discharge Application is the appropriate remedy when the investigation has concluded and the police have filed a charge sheet, but the prosecution’s own evidence and documents are insufficient to justify a full trial.
Key points to remember
- Section 528 BNSS is the correct remedy: After a court has taken cognizance of an offense, the High Court’s power to quash the proceedings lies with Section 528 BNSS, and writ jurisdiction under Article 226 is barred. [1, 5]
- High Court’s inherent power: Section 528 BNSS grants the High Court inherent powers to prevent abuse of legal process and secure the ends of justice. [4, 7]
- Post-chargesheet quashing: The High Court can still quash an FIR even after a chargesheet has been filed if the grounds for quashing are made out. [7]
For case specific advice, please get in touch with Chandigarh HighCourt Lawyers in Punjab and Haryana.
More info on 99888-17966.
[2] https://www.scconline.com/blog/post/2025/07/10/sik-hc-crpc-or-bnss-section-528-section-482/
[3] https://www.advocateshrutigoyal.com/quashing-of-fir/
[4] https://advocatehimanshujain.com/fir-under-section-528-bnss-powers/
[6] https://ssrana.in/articles/quashing-of-an-fir-after-a-chargesheet-is-filed-tenable-in-law/
[8] https://hcs.gov.in/hcs/hg_orders/202200000012025_5.pdf
[9] https://csis.tshc.gov.in/hcorders/2018/crlp/crlp_1689_2018.pdf
