The source of the power
High Courts have inherent power to prevent abuse of the process of any court or to secure the ends of justice. This power is now in Section 528 BNSS, corresponding to the former Section 482 CrPC. At the Patna High Court, quashing petitions are registered as criminal miscellaneous cases.
When quashing may be considered
In State of Haryana v. Bhajan Lal (1992), the Supreme Court gave illustrative categories, including where:
- the allegations, even if accepted, do not make out any offence
- the allegations are so absurd or improbable that no prudent person could accept them
- there is an express legal bar to the proceedings
- the proceedings are manifestly malicious or instituted with an ulterior motive
Quashing on settlement
In Gian Singh v. State of Punjab (2012), the Supreme Court held that High Courts may quash certain non-compoundable cases where the parties have settled, particularly those of a predominantly civil, commercial or matrimonial character. Serious offences such as murder, rape and offences against society are generally not quashed on settlement.
The limits
The power is used sparingly. The High Court does not ordinarily examine disputed facts or conduct a mini-trial at this stage.
Documents commonly needed
- Certified copy of the FIR or complaint and any chargesheet
- Orders of the trial court
- Settlement deed and affidavits, where applicable
- Documents showing the civil nature of the dispute, if relevant
Frequently asked questions
Can an FIR be quashed after a chargesheet is filed?
Yes, the High Court may quash proceedings at the chargesheet stage too, considering the material collected.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.