Criminal petitions

Quashing an FIR or criminal proceeding under Section 528 of the BNSS

By Ankur Tripathi, Advocate · 26 October 2026 · 2 min read

Many people in Karnataka ask whether an FIR can be cancelled. The answer lies in the inherent power of the High Court, now in Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The BNSS came into force on 1 July 2024 and replaced the Code of Criminal Procedure, 1973. Section 528 corresponds to the earlier Section 482 of the Code.

What the section says

Nothing in the Sanhita limits the High Court's inherent powers to make orders that may be 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.

Guiding principles

The Supreme Court has laid down categories of cases where this power can be used. In State of Haryana v. Bhajan Lal (1992), it listed examples, including cases where:

• The allegations, even if taken at face value, do not disclose any offence
• The allegations are so absurd or improbable that no prudent person could accept them
• There is a legal bar to the proceeding
• The proceeding is manifestly attended with mala fides or is maliciously instituted to wreak vengeance

The Court has stressed that these are guidelines, not a closed list, and the power is to be used sparingly.

No mini-trial

At the quashing stage, the High Court does not weigh evidence as a trial court would. It reads the FIR or complaint, and the material the prosecution relies on, and asks whether an offence is disclosed. Defences that need evidence are generally left to trial.

Civil disputes given criminal colour

A frequent ground is that a commercial or civil dispute, such as non-payment of money or breach of contract, has been given a criminal complexion. Courts have repeatedly cautioned against using criminal law to pressure parties in civil disputes. Whether a given case falls in that category depends on whether the facts disclose dishonest intention at the start, or only a failure to perform.

Settlement

In Gian Singh v. State of Punjab (2012), the Supreme Court held that the High Court can quash proceedings arising from offences that are not compoundable, in appropriate cases involving private or civil flavour, where the parties have settled. It excluded serious offences such as murder and rape. The Court looks at the nature of the offence, not only at the settlement.

What to prepare

1. The FIR or complaint and the charge-sheet if filed
2. Documents that show the true nature of the dispute
3. Details of any parallel civil proceedings
4. Evidence of settlement, if relevant

Interim protection

The High Court can sometimes stay further investigation or protect the petitioner from coercive steps while the petition is pending. Whether it will do so depends on the allegations and the stage of the investigation.

This article is for general information only. It is not legal advice, and the law and its interpretation change. Please consult an advocate about your specific facts before acting.

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