Can fir be quashed under article 226?
Asked by: Mertie Beer DVM | Last update: June 21, 2026Score: 4.8/5 (9 votes)
Yes, a First Information Report (FIR) can be quashed under Article 226 of the Constitution by a High Court, but typically only if the FIR is found to be an abuse of the legal process, malicious, or fails to disclose a cognizable offence. Recent rulings (as of 2025) suggest that this power is generally exercised before the Magistrate takes cognizance of the offence; once cognizance is taken, the remedy is under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
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.
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 FIR be quashed against some accused?
Section 482 of the Code of Criminal Procedure provides for the inherent powers of the High Court to quash FIR and criminal complaints. The High Court under this statutory provision is empowered to quash FIR and criminal complaints: To prevent abuse of the process of any Court; or. To secure the ends of justice.
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.
How to get a FIR Quashed? | Quashing of FIR under section 482 of CRPC | Monisha Chaudhary
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.
What are the grounds for a motion to quash?
In the California criminal justice system, a motion to quash a warrant provides a critical pretrial safeguard, enabling defendants to invalidate search or arrest warrants marred by defects such as insufficient probable cause or material omissions in supporting affidavits.
What is the landmark Judgement on quashing of FIR?
Similarly, in Naushey Ali v. State of Uttar Pradesh, 2023 SCC OnLine SC 1652, the Court quashed an FIR where Section 307 IPC had been mechanically invoked, stressing that “mere mention of a penal section” is insufficient if the factual allegations do not support the ingredients of that offence.
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.
When may the accused file a motion to quash?
"Time to move to quash. - At any time before entering his plea, the accused may move to quash the complaint or information." (emphasis supplied). It is also clear from Section 1 that the right to file a motion to quash belongs only to the accused.
How to write a motion to quash?
A motion to quash typically is only two or three paragraph long. Start with a paragraph that briefly summarizes the basic facts of the case and identifies the subject of your motion. Then tell the judge exactly what you want them to do and why. A motion is persuasive writing.
What is the writ for quashing?
The writ of certiorari can be issued by the supreme or high court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority. Issued to inquire into the legality of the claim of a person or public office.
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.
Can FIR be quashed in compoundable offences?
The law stated in the said case simply indicates the powers of the High Court to quash any criminal proceeding or First Information Report or complaint whether it be compoundable or not.
What is Article 226 and 482?
Section 482 of the CrPC confers inherent power upon the High Court, whereas Article 226 of the Constitution outlines the High Court's authority to issue writs. Both provisions are geared towards ensuring justice for individuals and facilitating the enforcement of their own orders.
Who can file a quash petition?
1. FIR is frivolous or motivated- If the complaint appears to be false, vague or intended for personal revenge the High Court may quash it. 2. No prima facie case is made out - If even on the face of the FIR or chargesheet, no offence is disclosed, the court may quash the proceedings.
Can FIR be quashed after charge-sheet is filed?
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 hardest case to win in court?
Cases deemed hardest to win in court generally involve high burdens of proof, complex evidence, or intense emotional bias, with first-degree murder (defense), medical malpractice (plaintiff), and sexual assault/domestic violence (prosecution) ranked among the most difficult. These cases often hinge on proving intent, navigating complex forensic data, or overcoming jury bias.
What is the 33 day rule in Florida?
Under Florida Rule of Criminal Procedure 3.134, the "33-day rule" dictates that if a person is in custody, the state must file formal charges within 30 days of arrest. If no charges are filed by day 30, the defense can file for release, and the defendant must be released on their own recognizance (ROR) by the 33rd day.
What are the 4 types of Judgement?
The pretrial types of judgments are as follows: Confession of Judgment, Consent Judgment, Default Judgment. And Summary Judgment. A Confession of Judgment is a judgment that is filed when the debtor admits that there is a debt and agrees the judgment may be entered against the debtor.
Can FIR under section 307 IPC be quashed?
...the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 is a non-compoundable offence. Under the circumstance, the impugned judgment and order passed by the High Court quashing the...
What is Article 226 and 32 writ petition?
Article 32: The Supreme Court may issue writs including habeas corpus, mandamus, prohibition, quo warranto and certiorari. Article 226: The High Courts have the same kinds of writs but for a much broader purpose, which includes the enforcement of legal rights.
When can the accused file a motion to quash?
Timing and Formal Requirements. Filing Before Plea: As a general rule, a Motion to Quash must be filed before the accused enters a plea (Sec. 1, Rule 117). Once the accused has pleaded (e.g., “Not Guilty”), certain grounds are deemed waived if not previously raised, subject to exceptions noted below.
What is the most popular reason that cases get dismissed?
Why do prosecutors drop charges?
- Insufficient evidence. A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. ...
- Fourth Amendment violations. ...
- Procedural issues. ...
- Lack of resources. ...
- Willingness to cooperate.
How much does it cost to quash a warrant?
So, while it might only cost $50 to $100 to pay the court fee to quash the warrant, you might need to post $1,000 bond to stay out of jail, pay a $500 outstanding traffic ticket plus a late fee, or pay child support obligations.