Practice area

Quashing FIR lawyer, Karnataka High Court

Petitions under Section 528 of the BNSS to quash FIRs, complaints, charge-sheets and cognizance orders that amount to an abuse of process.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) preserves the High Court's inherent power to make orders needed to give effect to any order under the Sanhita, to prevent abuse of the process of any court, or to secure the ends of justice. It corresponds to Section 482 of the earlier Code of Criminal Procedure.

What this work involves

• Quashing of FIRs, private complaints, charge-sheets and orders taking cognizance
• Cases where a civil or commercial dispute has been given a criminal colour
• Allegations of cheating, breach of trust, forgery and criminal intimidation arising from business or property disputes
• Quashing on the ground that the dispute has been settled, where the law permits it
• Interim protection against coercive steps, such as arrest, while the petition is pending
• Challenges to summoning orders and framing of charges

Realistic expectations

The High Court uses this power sparingly and does not hold a mini-trial. Petitions that point clearly to documents and to settled categories of abuse stand on firmer ground than those that argue disputed facts. Read the explainer on quashing under Section 528 BNSS.

Frequently asked questions

Can an FIR be quashed before the investigation is complete?

Yes, in appropriate cases, but the Court is cautious about interfering with an investigation. It does so where the allegations do not disclose an offence or where the proceeding is an abuse of process.

Can the High Court quash a case that has been settled?

In suitable cases involving largely private disputes, yes. Serious offences against society are generally not quashed on the basis of settlement.

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