Quashing of FIR in the Delhi High Court

Inherent powers of the High Court

The High Court has inherent power to make orders necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice. Under the new law this power is preserved in Section 528 BNSS, which corresponds to Section 482 CrPC. The High Court may also exercise its writ jurisdiction under Article 226 of the Constitution.

Petitions to quash FIRs registered in Delhi are filed before the Delhi High Court.

Grounds on which quashing is considered

The Supreme Court has set out illustrative categories of cases in which this power may be exercised. These include cases where:

• the allegations in the FIR, even if taken at face value, do not make out any offence;
• the allegations do not disclose a cognizable offence justifying investigation;
• the allegations are so absurd or inherently improbable that no prudent person could conclude there is sufficient ground to proceed;
• there is an express legal bar to the institution or continuance of the proceedings;
• the proceedings are manifestly attended with mala fide or instituted with an ulterior motive.

The power is to be exercised sparingly and with caution. The High Court does not ordinarily conduct a mini-trial or weigh disputed evidence at this stage.

Quashing on the basis of settlement

Where the parties have settled their dispute, the High Court may quash proceedings even in some non-compoundable offences, particularly those that are predominantly civil, commercial, matrimonial or family in nature. Heinous offences and offences against society at large are generally not quashed merely because the parties have compromised.

Before quashing proceedings on this basis, the High Court generally satisfies itself that the settlement is genuine and voluntary, often by having the parties appear before it.

Compoundable offences

Some offences can be compounded directly before the trial court under Section 359 BNSS (formerly Section 320 CrPC). Where an offence is compoundable, the parties may not need to approach the High Court for quashing.

Documents usually needed

• certified or legible copy of the FIR and, if filed, the charge-sheet;
• relevant orders of the trial court;
• documents showing the civil or commercial nature of the dispute, where relevant;
• settlement deed or memorandum of understanding, where quashing is sought on compromise;
• identity proof of the parties.