Question 1

Under what provision can an FIR be quashed?

Accepted Answer

An FIR can be quashed by the High Court exercising its inherent powers under Section 528 of the BNSS (formerly Section 482 of the CrPC), or via a Writ Petition under Article 226 of the Constitution of India.

Question 2

What are the legal grounds for quashing an FIR?

Accepted Answer

Grounds include: the allegations, even if taken at face value, do not constitute an offense; the FIR is maliciously instituted with an ulterior motive; or there is a legal bar against the institution of the proceedings. The Supreme Court established these guidelines in the landmark State of Haryana v. Bhajan Lal case.

Question 3

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

Accepted Answer

Yes, for non-compoundable offenses of a predominantly civil or private nature (like commercial disputes or matrimonial matters), the High Court can quash the FIR if the parties have reached an amicable settlement, provided the offense is not heinous or against society at large.

FIR Quashing & Criminal Writ Petitions

Overview

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