The High Court's inherent power
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corresponds to Section 482 of the Code of Criminal Procedure, saves the inherent power of the High Court to make orders necessary to give effect to any order under the Sanhita, to prevent abuse of the process of any court, or otherwise to secure the ends of justice. It is the basis for petitions to quash an FIR, a charge sheet or a criminal proceeding.
The Bhajan Lal categories
In State of Haryana v. Bhajan Lal (1992), the Supreme Court gave illustrative categories in which the power may be used, including cases where the allegations, even if taken at face value, do not disclose an offence, where the allegations are absurd or inherently improbable, where there is a legal bar to the proceeding, and where the proceeding is manifestly attended with mala fides or is instituted to wreak private vengeance. The Court also stressed that the power must be used sparingly and with caution.
Quashing on compromise
In Gian Singh v. State of Punjab (2012) and Narinder Singh v. State of Punjab (2014), the Supreme Court held that the High Court can quash proceedings involving non-compoundable offences where the dispute is essentially private or civil in nature and the parties have settled it. It is not available for heinous offences such as murder or rape, or offences against society at large.
Civil disputes given criminal colour
Courts are alert to attempts to convert civil disputes over money, contracts or property into criminal cases. In cases like Paramjeet Batra v. State of Uttarakhand (2013), the Court emphasised that quashing is appropriate where a civil dispute has been given a criminal colour.
Preparing a quashing petition
A good petition sets out the complaint and FIR, demonstrates on the face of the documents why no offence is made out or why the case is an abuse of process, and annexes essential documents such as agreements, correspondence and settlement deeds. Courts do not conduct a mini trial at this stage, so the argument should rest on the allegations themselves and undisputed material.
Interim protection
While the petition is pending, the High Court may stay investigation or restrain coercive action, depending on the facts. Courts are cautious about staying investigations in serious offences, so the petition should clearly explain why interim relief is warranted.
Frequently Asked Questions
Q. Can an FIR be quashed before the investigation is complete?
A. Yes, but the High Court exercises this power sparingly at the early stage, and only where the allegations do not disclose an offence or fall within a recognised category.
Q. Is a settlement enough to quash every case?
A. No. Serious offences and those with a public dimension are not quashed on settlement alone.
Disclaimer: This article is for general information only and is not legal advice. The law may change, and the facts of each matter differ.