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Quick Answer
Quashing is the High Court's exercise of inherent jurisdiction to terminate criminal proceedings that should not continue. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, laid down seven categories where quashing is appropriate, including where the allegations do not disclose a cognizable offence, are absurd or improbable, or are manifestly attended with mala fides. Quashing applications are filed before the High Court of the state where the FIR is registered.
Statutory reference
Section 528 BNSS 2023
A quashing petition is filed only before the High Court, and succeeds on two broad tracks. The first is the Bhajan Lal track: the FIR, read on its face, discloses no offence, is absurd or malicious, or is a civil dispute dressed up as crime — courts quash these to prevent abuse of process. The second, far more common track is settlement: where the parties have genuinely resolved a private dispute (matrimonial FIRs, business cheating cases, cheque matters), the High Court quashes the proceedings because a trial would serve no purpose. Timing is strategic — quashing can be sought at the FIR stage, after charge-sheet, or even during trial — and the petition is usually paired with interim protection from coercive steps while it is pending. Heinous and economic offences against society are quashed far more reluctantly, settlement or not.
Worked example
Following a mutual consent divorce settlement in Delhi, a wife agrees to close the 498A FIR she had filed during the dispute. Because 498A is non-compoundable, withdrawal alone is not possible — so the husband files a quashing petition under Section 528 BNSS before the Delhi High Court, annexing the settlement deed and the divorce decree, with the wife appearing to confirm the settlement was voluntary. The High Court quashes the FIR, noting the dispute was purely matrimonial and stands fully resolved. The quashing was the final, structural step of the divorce settlement — negotiated and sequenced into the deed from day one.
Related practice areas
High Court order under Section 528 BNSS (formerly Section 482 CrPC) inherent powers, terminating an FIR or criminal proceeding that discloses no offence, is malicious, time-barred, or has been compounded between parties.
Quashing of FIR is governed by Section 528 BNSS 2023. Quashing is the High Court's exercise of inherent jurisdiction to terminate criminal proceedings that should not continue. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, laid down seven categories where quashing is appropriate, including where the allegations do not disclose a cognizable offence, are absurd or improbable, or are manifestly attended with mala fides. Quashing applications are filed before the High Court of the state where the FIR is registered.
Quashing of FIR falls under Criminal Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — your first step is a free case assessment with no obligation.
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