Can FIR be quashed even after filing chargesheet?
Asked by: Uriel Kovacek | Last update: July 2, 2026Score: 4.6/5 (14 votes)
Yes, a First Information Report (FIR) can be quashed by the High Court even after a chargesheet has been filed. The High Court retains the power under Section 482 of the Criminal Procedure Code (now Section 528 BNSS) to stop legal proceedings if they constitute an abuse of process or fail to disclose an offense, even at the post-investigation stage.
Can a FIR be quashed after a chargesheet?
The High Court can exercise its inherent jurisdiction under Section 482 CrPC (now, Section 528 BNSS) to entertain and act upon a petition filed under Section 482 Cr. P.C. (now, Section 528 BNSS) to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition.
What are grounds for quashing FIR?
If the FIR does not reveal any cognizable offence, it can be quashed. Many disputes like property issues, business disagreements, or monetary disputes are essentially civil, not criminal, making them liable for quashing.
Can further investigation be detected even after filing of chargesheet?
At the outset, we may record that a direction to conduct further investigation even after filing of the chargesheet and commencement of the trial is permissible in law as has been held by a catena of judgments of this Court.
What documents are needed for FIR quashing?
To complete the FIR quashing process smoothly, the following documents are generally required:
- Copy of the FIR.
- Copy of the charge sheet (if available)
- ID proofs of the accused.
- Settlement or compromise deed (if applicable)
- Supporting evidence proving misuse, false allegations, or lack of offence.
Can criminal proceedings be quashed after filing of charge sheet?
Is quashing of FIR a good thing?
The quashing prevents abuse of the judicial process and protects individuals from unnecessary harassment, especially where there is no legal basis for prosecution.
Can 482 be filed after a chargesheet?
P.C.). It reiterated that even after a charge sheet is filed, the High Court must assess whether a prima facie case exists against the accused. "Merely filing of charge-sheet is not a ground for refusal to exercise jurisdiction under Section 482 Cr.
What happens after a charge sheet is filed?
Post-submission, the magistrate reviews the chargesheet, deciding to accept, reject, or order further investigation. Despite its significance, a chargesheet is not considered a public document, safeguarding the rights of all parties involved.
Can charge sheet be challenged?
The Supreme Court observed that FIRs or charge-sheets may be quashed under Article 226 before cognisance is taken, but once cognisance is taken, the remedy lies under Section 528 BNSS (S. 482 CrPC) to challenge both the FIR/charge-sheet and even the cognisance order, if duly pleaded.
What is the limitation of filing chargesheet?
The time limit for filing a charge sheet in India is 60 days for offences punishable with imprisonment up to 10 years and 90 days for offences punishable with death, life imprisonment, or imprisonment exceeding 10 years, as provided under Section 167(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
How to file quashing of FIR?
An application for Quashing of FIR can be filed before the High Court under Article 226 of the Constitution of India by means of a Criminal Miscellaneous Writ Petition. Thus, one can invoke the extraordinary jurisdiction of the court in order to quash an FIR.
Can motion to quash be denied?
If the motion is granted, it means that the document or proceeding in question is declared invalid or void. If the motion is denied, the document or proceeding remains in effect, and the case or legal process will continue.
Which cases can be quashed?
Section 482 can be used to quash even non-compoundable offences. It is the duty of the High Court evaluate whether quashing a criminal proceeding serves the interests of justice. The inherent power of the High Court must be exercised: To secure the ends of justice.
What is the landmark Judgement on quashing of FIR?
Landmark Cases on Quashing of FIR
Ramesh Chandra Gupta vs State Of U.P. [SLP(Crl.) 39 of 2022] – In this case, the Hon'ble Supreme Court held that where allegations in the FIR does not disclose a cognizable offence, justifying an investigation by police officers then the same shall be quashed.
Can the case be quashed after beginning the police investigation?
In California, different types of warrants-such as arrest warrants, bench warrants, and search warrants-can be 'quashed. ' Quashing a warrant depends on the type and reason for the motion, like procedural defects, lack of probable cause, or improper notice.
What is the difference between dismiss and quash?
An order vacating service of summons and dismissing an action puts an end to litigation without a judicial investigation of the merits; and the effect of granting a motion to quash service is to declare the service void and not to dismiss the complaint.
Can a FIR be quashed before a chargesheet?
Yes, a 420 IPC / 318 BNS FIR can be quashed before the filing of a charge sheet by approaching the High Court under Section 482 CrPC / 528 BNSS. The High Court has the inherent power to quash false, frivolous, or baseless criminal proceedings at any stage, including before the charge sheet is filed.
What is the hardest case to win in court?
Treason is generally considered the hardest criminal charge to prove, while medical malpractice is widely viewed as the most difficult type of civil case to win. Both face unique legal or evidential hurdles that set them apart from standard litigation.
What is a defective charge sheet?
Accused is not correctly named or described in the charge. Charge does not comply with the relevant provisions of the Criminal Procedure Act. Charge does not contain sufficient particulars of any matter alleged in the charge. Charge does not disclose an offence. Charge does not set out an essential element of the ...
Is a chargesheet a final verdict?
A chargesheet itself is not a substantive piece of evidence or proof of guilt, it is the opinion of the investigating officer based on their findings.
Why should you never plead guilty?
The Real Cost of a Plea Bargain
You admit guilt, even if you didn't do it. You now have a criminal record. You give up your right to a jury trial. You lose the chance to challenge witness credibility, evidence, or police misconduct.
Can accused be discharged after framing of charge?
...examination-in-chief should be expunged and as there is no evidence in the case the accused is acquitted.” There is no provision for discharge of an accused after charge had been framed.
Can the police file multiple chargesheets?
Criminal charge stacking is the practice of filing multiple charges based on the same set of facts. Instead of charging the most direct offense, prosecutors divide a single course of conduct into multiple overlapping legal violations. Each charge carries its own separate penalties.
Can a FIR be quashed after conviction?
The FIR may be quashed if: The allegations, even if fully accepted, do not constitute any offence. The FIR does not disclose any cognizable offence. The unchallenged allegations and evidence do not show the commission of any offence.
Can we quash a domestic violence case?
The Supreme Court has held that a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 corresponding to Section 482 of the Code of Criminal Procedure (CrPC) to quash proceedings under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005, is maintainable at any ...