FIR Lodging & Quashing Legal Assistance

Filing a First Information Report (FIR) is the first step to initiate criminal proceedings in India. It’s a powerful legal tool to report cognizable offences to the police. At the same time, false or frivolous FIRs can cause serious harassment and legal trouble.

Our FIR Legal Services Include:

  • Assistance in Drafting & Filing FIR
  • Legal Guidance Before Approaching Police Authorities
  • Representation for Bail & Interim Relief
  • Filing Petitions for FIR Quashing before the High Court
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FAQ

FIR Quashing

1. What is FIR quashing?
FIR quashing is a legal remedy that allows an accused person to request the High Court to cancel or nullify a First Information Report (FIR) if it is false, frivolous, malicious, or legally defective. It’s a judicial safeguard against misuse of criminal law.
2. Under which law can an FIR be quashed?
An FIR can be quashed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), or under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, depending on the applicable law. These provisions give High Courts inherent power to prevent abuse of legal process and to secure justice.
3. Who can file for FIR quashing?
Only the person(s) named as accused in the FIR, or a party adversely affected by it, can file a petition before the High Court for quashing.
4. What are the grounds for quashing an FIR?

Common grounds include:

  • Allegations do not disclose any cognizable offence.
  • The dispute is civil in nature (e.g., business, property, or matrimonial).
  • The FIR is filed with mala fide intent to harass.
  • A mutual settlement or compromise has been reached between parties.
  • Absence of evidence or vague allegations.
  • Violation of legal procedure in registering the FIR.
5. What is the procedure for quashing an FIR?
  1. Hire an experienced criminal lawyer.
  2. Draft a petition under Section 482 CrPC or Section 528 BNSS.
  3. Attach a certified copy of the FIR, affidavits, evidence, and settlement deed (if any).
  4. File the petition before the relevant High Court.
  5. The Court issues notices to the State and the complainant.
  6. After hearing both sides, the Court decides whether to quash or dismiss the petition.
6. What documents are required?
  • Certified copy of FIR and/or charge sheet.
  • Personal affidavit explaining the grounds for quashing.
  • Proof of settlement or compromise deed (if applicable).
  • Supporting evidence disproving allegations.
  • Memo of appearance and court fee receipt.
7.Can an FIR be quashed after charge sheet filing?
Yes. The High Court can quash both the FIR and subsequent proceedings (including charge sheet) if it deems the case unjust or frivolous.
8. Can offences under 498A or dowry laws be quashed?
Yes, provided the dispute is settled amicably between the husband and wife, and the complainant confirms the compromise before the High Court. Such cases are among the most commonly quashed, especially after divorce or alimony settlements.
9. Does FIR quashing mean acquittal?
No. Quashing is not equivalent to acquittal. It terminates the criminal proceedings at the FIR or investigation stage, ensuring the accused does not face further trial or prosecution for that particular FIR.
10. How long does the process take?
FIR quashing petitions usually take between 3 to 9 months, depending on the complexity of the case, workload of the High Court, and cooperation between parties.
11. What happens if the High Court rejects the petition?
If the petition is dismissed, the case proceeds normally — investigation or trial continues. However, the accused can later seek discharge or other remedies depending on case developments.
12. Is the complainant’s consent necessary?
In compoundable or mutually settled cases (such as matrimonial or financial disputes), the complainant’s consent is crucial. The Court may require both parties to appear personally to verify the settlement.
13. What are the advantages of quashing an FIR?
  • Immediate relief from harassment or coercion.
  • Prevents misuse of criminal law against innocent persons.
  • Saves time, money, and mental stress of prolonged litigation.
  • Helps in maintaining reputation and employment stability.
14. Do clients need to appear in court?
In most cases, physical presence is needed at least once, particularly when confirming a compromise; however, representation through advocates suffices for procedural hearings.
15. Can FIR quashing be challenged later?
A quashing order is final unless challenged through appeal or review before the Supreme Court by the State or complainant. Once confirmed, it permanently nullifies the FIR.