Quashing of an FIR Under Section 528 BNSS: When and How
The High Court's inherent power to quash an FIR now sits in Section 528 BNSS (formerly CrPC Section 482). It is an extraordinary jurisdiction exercised sparingly to prevent abuse of process.
Recognised grounds
- Allegations, even taken at face value, do not make out the ingredients of the offence
- FIR is manifestly attended with mala fides
- Dispute is essentially civil in nature given a criminal colour
- Genuine compromise in a matter that is predominantly personal
- Clear abuse of process with no likelihood of conviction
Petition structure
- Cause title — High Court, Section 528 BNSS, FIR particulars
- Statement of facts and precise grounds for quashing
- Prayer to quash FIR and all consequential proceedings
- Annexures — certified FIR copy, supporting affidavit