How can an FIR be quashed in the High Court?
An FIR can be quashed by the High Court under Section 528 of the BNSS, 2023 (inherent powers) read with Article 226 of the Constitution where the allegations, even at face value, do not constitute an offence, or where the proceeding is an abuse of process.
Legal Explanation
Quashing is granted in limited circumstances: absence of a cognizable offence, settled matrimonial or compoundable disputes, stale claims, or malafide prosecution. The court examines the FIR and materials with circumspection before interfering.
Procedure
- 1Obtain a certified copy of the FIR and supporting documents.
- 2File a quashing petition before the Allahabad High Court or its Lucknow Bench.
- 3Court may issue notice to the opposite party and the State.
- 4After hearing, the court may quash the FIR or the proceedings.
Jurisdiction
Allahabad High Court and its Lucknow Bench for UP matters.
Important Limitations
Quashing at the FIR stage is rare for serious offences with triable allegations; courts prefer a full trial.
Legal References
- BNSS, 2023 — Section 528 — Inherent powers of the High Court
- Constitution of India — Article 226 — Writ jurisdiction
What This Covers
Obtain a certified copy of the FIR and supporting documents.
File a quashing petition before the Allahabad High Court or its Lucknow Bench.
Court may issue notice to the opposite party and the State.
After hearing, the court may quash the FIR or the proceedings.