Criminal and bail

Petition to quash an FIR or criminal proceeding

How a quash petition is drafted under the inherent powers of the High Court: the grounds recognised in Bhajan Lal, the structure of the petition and the record to annex.

A quash petition asks the High Court to exercise its inherent power to quash an FIR, a complaint or a criminal proceeding that is an abuse of process. It is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision corresponding to Section 482 of the CrPC, 1973. The grounds are those catalogued by the Supreme Court in State of Haryana v. Bhajan Lal, including that the allegations even if taken at face value disclose no offence, that the dispute is essentially civil, or that the proceeding is manifestly mala fide.

Governed by
  • Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 482 CrPC)
  • Article 226, Constitution of India, where invoked alongside
Where it is filed
The High Court having jurisdiction over the court in which the proceeding is pending.
Who files it
The accused named in the FIR or complaint, or a person against whom process has issued.
Court fee and stamp
As prescribed by the High Court rules of the State.

What a petition to quash an fir or criminal proceeding must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title

    The High Court, the crime number or complaint case number, and the array of the petitioner and the State through the Public Prosecutor, with the de facto complainant as a respondent.

  2. 2.Facts

    The genesis of the dispute, the registration of the FIR, and the stage the proceeding has reached.

  3. 3.Grounds

    Numbered grounds mapped to the Bhajan Lal categories: no offence made out on the face of the complaint, absence of the essential ingredients of the sections invoked, a purely civil or contractual dispute given a criminal colour, inordinate delay, or settlement between the parties in a compoundable or predominantly private dispute.

  4. 4.Annexures

    Certified or true copies of the FIR, the complaint, the final report if filed, and any settlement or civil proceeding relied on.

  5. 5.Prayer

    Quashing of the FIR or proceeding, and an interim prayer to stay further proceedings pending disposal.

Mistakes that get this document returned

  • Disputing facts and inviting the High Court to appreciate evidence, which is outside the scope of the inherent power.
  • Not impleading the de facto complainant as a respondent.
  • Filing without the FIR and final report annexed.
  • Seeking quashing of a non-compoundable offence purely on settlement without addressing the tests the Supreme Court has laid down.

Frequently asked questions

Which provision replaced Section 482 CrPC?

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the inherent powers of the High Court that were in Section 482 CrPC.

Can an FIR be quashed on the basis of a compromise?

In predominantly private disputes the High Court may quash on settlement even where the offence is not compoundable, applying the tests laid down in Gian Singh v. State of Punjab. Offences with a serious public element are treated differently.

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Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.