Petition for Quashing of FIR

A petition for quashing of FIR asks the High Court to cancel an FIR and all proceedings arising from it, using its inherent powers under section 528 of the BNSS.

High Court*

Petitioner's name*

Petitioner's address*

FIR number*

Police station*

Sections/offences alleged*

Complainant's name

Facts and background*

Grounds for quashing*

Date*

Format:

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IN THE [high_court] CRIMINAL MISC. PETITION NO. ________ OF 20____ IN THE MATTER OF: [petitioner_name] [petitioner_address] ... PETITIONER VERSUS 1. STATE OF ______________ 2. [complainant_name] (Complainant / Informant) ... RESPONDENTS PETITION UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR QUASHING OF FIR No. [fir_number] MOST RESPECTFULLY SHOWETH: 1. That FIR No. [fir_number] has been registered at Police Station [police_station] against the Petitioner for offences under [offences_alleged]. 2. FACTS AND BACKGROUND [facts] 3. GROUNDS FOR QUASHING [grounds_for_quashing] 4. FURTHER GROUNDS Without prejudice to the grounds set out above, the Petitioner submits as follows: A. That the allegations made in the FIR, even if taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the Petitioner. B. That the continuation of the proceedings against the Petitioner would amount to an abuse of the process of the court, and quashing them is necessary to secure the ends of justice. C. That the continuance of the criminal proceedings would cause grave prejudice and harassment to the Petitioner and injury to the Petitioner's reputation and liberty. D. That the Petitioner craves leave to urge such further grounds at the hearing as may be advised. 5. That the Petitioner has not filed any other petition seeking the same relief before this or any other court, save as follows: ______________________ PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Quash FIR No. [fir_number] registered at Police Station [police_station], and all proceedings arising therefrom, in exercise of the inherent powers of this Hon'ble Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023; (b) Pending hearing and final disposal, stay all further proceedings pursuant to the said FIR, and direct that no coercive steps be taken against the Petitioner; (c) Pass such other orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL EVER PRAY. Place: ______________ Date: [petition_date] [petitioner_name] PETITIONER Through ______________________ ADVOCATE FOR THE PETITIONER

Notes on using this document

Guidance for you while you fill it in. These notes are not printed in the downloaded document.

NOTES FOR THE PETITIONER

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the inherent powers of the High Court, and is the successor to Section 482 of the Code of Criminal Procedure, 1973. It allows the High Court to make such orders as may be necessary to give effect to any order, to prevent abuse of the process of any court, or otherwise to secure the ends of justice.

Quashing is exercised sparingly and with circumspection. The High Court does not embark on an inquiry into the reliability or genuineness of the allegations at this stage.

STATE YOUR OWN GROUNDS WITH FACTS. The printed further grounds are general. If your case is that the dispute is essentially civil, that the allegations are inherently improbable, or that the FIR was lodged out of malice or a personal grudge, say so in the "Grounds for quashing" section and point to the documents that show it. Do not plead a ground you cannot support from the record.

SETTLEMENT CASES. If you seek quashing because the parties have settled, ground A (no offence made out) may not fit your case. Describe the settlement in the grounds and have an advocate revise the further grounds accordingly.

EARLIER PETITIONS. Paragraph 5 must be accurate. If any earlier petition for the same relief was filed in any court, give its details in the blank, or write "none".

FILING. The petition must be supported by an affidavit and by a certified copy of the FIR, and should be filed through an advocate in the form the High Court's rules require.

Petition for Quashing of FIR: what it is

A petition for quashing of FIR asks the High Court to cancel an FIR and all proceedings arising from it, using its inherent powers under section 528 of the BNSS. It is used where the allegations, even if true, make out no offence, or where a civil dispute has been given a criminal colour.

When you need this document

An FIR has been filed against you over a money or property dispute that is really a breach of contract or civil matter.
The FIR, read as a whole, does not describe the ingredients of the offence it names.
A complaint has been filed out of personal grudge or to pressure you into a settlement in another dispute.
The parties have genuinely settled a dispute involving an offence that is not compoundable and want the proceedings ended.

What it covers

The High Court, petitioner's name and address, and the respondents: the State and the complainant.
The FIR number, police station and sections alleged against the petitioner.
A facts and background section and a specific grounds for quashing section.
General further grounds: no offence made out on the face of the FIR, abuse of process and the prejudice continued proceedings cause, with your own grounds (such as a civil dispute or malice) stated with facts in the grounds section.
A declaration about earlier petitions, a prayer to quash the FIR and all proceedings, and an interim prayer for a stay and no coercive steps, with notes on the affidavit and certified FIR copy that must accompany it.

How to fill, sign and use it

Get a copy of the FIR and, if filed, the charge sheet, and collect documents that show the civil nature of the dispute or any settlement.
Have an advocate practising in the High Court prepare or review it, since quashing is discretionary and grounds must fit settled tests.
Fill in the FIR details, the facts in date order and the specific grounds, keeping them to what the documents show.
Swear a supporting affidavit before an oath commissioner or notary as required by the High Court rules, and sign the vakalatnama.
File it with the annexures and court fee in the High Court registry, and cure any defects the registry points out.
At the first hearing, press for interim protection if there is a risk of arrest or of the trial moving ahead.

Documents to attach or keep with it

Certified or downloaded copy of the FIR
Charge sheet and cognizance order, if already filed
Supporting affidavit of the petitioner
Agreements, correspondence, civil suit papers or settlement deed relied on

The law behind it

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced section 482 CrPC, preserves the High Court's inherent power to prevent abuse of the process of any court or otherwise secure the ends of justice. The Supreme Court in State of Haryana v. Bhajan Lal listed categories where quashing may be justified, such as allegations that disclose no offence, inherently improbable allegations and malicious proceedings. Courts can also quash certain non-compoundable cases on settlement where the dispute is mainly private. The power is used sparingly, and the High Court does not weigh evidence or decide truth at this stage.

Common mistakes to avoid

Arguing that the allegations are false and asking the High Court to believe the petitioner's version, which it does not decide in quashing.
Not annexing documents that prove the civil nature of the dispute or the settlement.
Filing without a supporting affidavit or a certified copy of the FIR, causing registry objections and delay.

Petition for Quashing of FIR: frequently asked questions

On what grounds can an FIR be quashed?

Common grounds include that the FIR does not disclose any offence even if taken as true, that the allegations are absurd or inherently improbable, that the matter is purely civil, that a legal bar applies, or that the case is malicious. Courts also consider quashing after a genuine settlement in mainly private disputes.

Can an FIR be quashed after a compromise?

Yes, in suitable cases. High Courts have quashed FIRs in non-compoundable offences after settlement where the dispute is essentially private, such as commercial or matrimonial matters. Serious offences like murder, rape or offences against society are generally not quashed on settlement. The complainant usually files an affidavit or appears to confirm the compromise.

Can I file a quashing petition after the charge sheet is filed?

Yes. A quashing petition can be filed at the FIR stage or after the charge sheet, in which case the charge sheet and cognizance order are also challenged. The court will then look at the material collected by the police, so the grounds must address the charge sheet as well.

Does filing a quashing petition stop arrest?

Not automatically. You must ask the High Court for interim protection, such as a direction that no coercive steps be taken, and the court decides whether to grant it. If arrest is a real risk, an anticipatory bail application under section 482 BNSS may be considered at the same time.

Last updated 11 October 2026.

General information on Indian law, not legal advice for your situation. Stamp duty, registration and fees differ by state, so check with the local office or an advocate before you rely on it.

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