Legal Drafting

Quashing Petition Format under Section 528 BNSS (Old Section 482 CrPC): Format, Grounds and Checklist

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Juniorlawyer Team

October 25, 2026 · 10 min read

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What is a quashing petition under Section 528 BNSS?

A quashing petition asks the High Court to use its inherent power under Section 528 BNSS (old Section 482 CrPC) to quash an FIR, complaint, chargesheet or criminal proceeding that discloses no offence, is an abuse of process, or has been settled. It is filed with the FIR, an affidavit and supporting documents.

  • Old section: 482 CrPC → New: 528 BNSS (same wording)
  • Filed in: the High Court with jurisdiction over the police station or trial court
  • Main grounds: no offence on the FIR's own case, civil dispute, mala fides, legal bar, settlement
  • Attach: FIR or complaint, chargesheet or order, affidavit, compromise papers, vakalatnama
  • Interim relief: stay of proceedings or protection from arrest, only with reasons

Jump to the format

A quashing petition is the High Court remedy against a criminal case that should not go on: an FIR that discloses no offence, a civil dispute turned into a criminal one, a case filed to harass, or a matter the parties have settled. Since 1 July 2024, the High Court's inherent power formerly in Section 482 CrPC is in Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The wording is the same, so the case law under Section 482 continues to apply.

This page gives a ready FIR quashing petition format: a complete quashing petition draft and sample, the grounds courts accept, how the format differs between the Delhi, Bombay and Madras High Courts, the documents to attach, and the mistakes that get petitions dismissed. If you only need to know whether you can quash an FIR, start with the grounds.

Section 528 BNSS vs 482 CrPC: what the section says

Nothing in the Sanhita limits or affects the High Court's inherent power to make orders 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.

Only the High Court has this power. A Sessions Court or Magistrate cannot quash an FIR.

When to file a quashing petition

StageWhat you challengeUsual remedy
FIR registered, investigation onThe FIRSection 528 BNSS (many High Courts also hear these under Article 226)
Chargesheet filed, cognizance takenThe FIR, the chargesheet and the cognizance or summoning orderSection 528 BNSS
Private complaint, summoning order passedThe complaint and the summoning orderSection 528 BNSS, or revision under Sections 438 and 442 BNSS
Charges framed or trial under wayThe proceedingsPossible, but courts are slower to interfere once evidence is being recorded
Parties have settledThe whole proceedingSection 528 BNSS on compromise; or compounding before the trial court if the offence is compoundable

Grounds courts accept

1. The seven *Bhajan Lal* categories

In State of Haryana v. Bhajan Lal (1992), the Supreme Court listed situations in which criminal proceedings may be quashed. They remain the starting point:

  1. The allegations, even if accepted in full, do not make out any offence.
  2. The allegations do not disclose a cognizable offence justifying a police investigation without a Magistrate's order.
  3. The undisputed allegations and evidence do not disclose any offence.
  4. The allegations disclose only a non-cognizable offence, investigated without a Magistrate's order.
  5. The allegations are so absurd or inherently improbable that no prudent person could find sufficient ground to proceed.
  6. There is an express legal bar to the case, such as a missing sanction or a specific statutory bar.
  7. The proceeding is manifestly mala fide, or filed with an ulterior motive to settle a private grudge.

Name the specific category or categories in your grounds. A general plea that "the FIR is false" will not succeed: the High Court does not hold a mini-trial or weigh disputed facts at this stage.

2. Unimpeachable material that knocks out the case

Where the accused relies on documents of unimpeachable quality, the Supreme Court's four-step test from Rajiv Thapar v. Madan Lal Kapoor (2013), applied again in Pradeep Kumar Kesarwani v. State of Uttar Pradesh (2025), asks:

  1. Is the material relied on by the accused sound, reasonable and indubitable?
  2. Does it rule out the factual assertions in the complaint?
  3. Has it not been refuted, or can it not justifiably be refuted, by the prosecution or the complainant?
  4. Would continuing the trial be an abuse of the process of the court?

If all four answers are yes, the High Court should ordinarily quash the proceedings.

3. Civil dispute given a criminal colour

Unpaid dues, a failed business deal or a breach of contract does not become cheating or criminal breach of trust unless dishonest intention is shown. Point to the absence of deception at the start, or of any entrustment. Remember that cheating and criminal breach of trust cannot both arise from the same facts (Delhi Race Club v. State of U.P., 2024). See our Section 420 IPC / 318(4) BNS guide.

4. Settlement between the parties

Under Gian Singh v. State of Punjab (2012), Narinder Singh v. State of Punjab (2014) and Parbatbhai Aahir v. State of Gujarat (2017), the High Court may quash even non-compoundable offences after a genuine settlement where the dispute is essentially private: commercial, financial, matrimonial or family. It generally will not do so for heinous or serious offences that affect society, such as murder, rape, dacoity, or economic offences against the State.

Quashing petition format (draft and sample)

Adapt the cause title, the case-type name and the paragraph style to your High Court's rules. The same document is sometimes called a quashing application or a petition to quash the FIR. To get a Word or PDF copy, paste the format into Word, fill in the brackets, and save it as .docx or PDF.

Format by High Court. The registry name for the case type differs. Check your High Court's practice directions and current case-type list before filing:

High CourtCommonly filed as
DelhiCRL.M.C. (Criminal Miscellaneous Case)
BombayCriminal Application, or a Criminal Writ Petition when Article 226 is also invoked
MadrasCrl.O.P. (Criminal Original Petition)
Punjab and HaryanaCRM-M
AllahabadApplication under Section 528 BNSS

Check also whether a synopsis and list of dates are required, and in what order the documents go.

IN THE HIGH COURT OF [STATE] AT [SEAT]
(CRIMINAL ORIGINAL / MISCELLANEOUS JURISDICTION)

[CASE-TYPE NAME] No. ______ of 20__

IN THE MATTER OF:

[Name], S/o / D/o / W/o [Name], aged [__] years,
R/o [address]                                          ... Petitioner

                              VERSUS

1. State of [State], through the Station House Officer,
   Police Station [name], District [name]
2. [Name of complainant], R/o [address]                ... Respondents

PETITION UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA
SANHITA, 2023 FOR QUASHING OF FIR No. [__] DATED [__] REGISTERED AT
POLICE STATION [__] UNDER SECTIONS [__] OF THE [BNS / IPC], AND ALL
PROCEEDINGS ARISING THEREFROM, INCLUDING [CHARGESHEET / COMPLAINT
CASE No. __ PENDING BEFORE THE COURT OF __]

MOST RESPECTFULLY SHOWETH:

1. That the petitioner is filing this petition seeking quashing of
   FIR No. [__] dated [__], P.S. [__], under Sections [__] (Annexure P-1),
   [and the chargesheet dated __ / summoning order dated __
   (Annexure P-2)], and all proceedings arising therefrom.

2. Brief facts:
   (a) [Relationship between the parties and background.]
   (b) [The transaction or event, with dates.]
   (c) [What the complainant alleges in the FIR.]
   (d) [Stage of the case: investigation / chargesheet / cognizance.]

3. That no other petition seeking the same relief has been filed by
   the petitioner before this Hon'ble Court or the Supreme Court.
   [Disclose any earlier petition and its result.]

GROUNDS

A. Because the allegations in the FIR, even if taken at face value
   and accepted in their entirety, do not disclose the ingredients of
   the offence under Section [__], as [explain which ingredient is
   missing]. The case falls within category [1 / 3] laid down in
   State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335.

B. Because the dispute is purely civil / contractual in nature,
   arising out of [agreement dated __], and there is no allegation of
   dishonest intention at the inception of the transaction.

C. Because [documents of unimpeachable quality, e.g. bank records /
   registered deed] conclusively rule out the allegations, satisfying
   the test in Rajiv Thapar v. Madan Lal Kapoor, (2013) 3 SCC 330.

D. Because the FIR has been lodged with mala fide intention and an
   ulterior motive, after [civil suit / notice / dispute dated __],
   to pressurise the petitioner.

E. [For settlement] Because the petitioner and respondent No. 2 have
   amicably settled all disputes by compromise deed dated [__]
   (Annexure P-3), the dispute is private in nature, and no useful
   purpose will be served by continuing the proceedings. Gian Singh v.
   State of Punjab, (2012) 10 SCC 303; Narinder Singh v. State of
   Punjab, (2014) 6 SCC 466.

F. Because continuation of the proceedings would be an abuse of the
   process of the court, and quashing is necessary to secure the ends
   of justice.

PRAYER

In view of the facts and circumstances stated above, it is most
respectfully prayed that this Hon'ble Court may be pleased to:

(a) quash FIR No. [__] dated [__], registered at P.S. [__] under
    Sections [__], and all proceedings arising therefrom, including
    [chargesheet / Case No. __ pending before __];
(b) pending disposal of this petition, stay further proceedings in
    [Case No. __] / direct that no coercive steps be taken against the
    petitioner [state specific reasons in the application for interim
    relief]; and
(c) pass any other order that this Hon'ble Court deems fit in the
    interest of justice.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL, AS IN DUTY BOUND,
EVER PRAY.

                                            PETITIONER
                                            Through
[Place]                                     [Advocate name]
[Date]                                      [Enrolment No.], Advocate

Need this quashing petition draft for your own FIR? Upload the FIR and chargesheet, and Juniorlawyer prepares a first draft of the facts, grounds and prayer in this structure, for you to check and complete. Draft a quashing petition →

Affidavit: file a supporting affidavit of the petitioner verifying the facts, sworn before an Oath Commissioner or Notary. Include an application for interim relief with its own affidavit if you seek a stay or protection from arrest. In settlement cases, also file affidavits of the complainant confirming the compromise. Many High Courts require the parties to be present or to be identified before the Registrar or the Court.

Documents checklist

  • Certified or true copy of the FIR or complaint, with a typed copy if handwritten or in a regional language
  • Chargesheet, cognizance or summoning order, if filed
  • Documents relied on to rule out the allegations (agreements, bank records, registered deeds, earlier orders)
  • Compromise deed and affidavits of both parties (settlement cases)
  • English translation of documents in a regional language, where the High Court requires it
  • Vakalatnama (format)
  • Court fee and process fee, as the High Court rules require
  • Synopsis, list of dates and index, where required

Juniorlawyer's Hindi legal document OCR and translation tool can produce a typed copy and an English translation of a Hindi FIR for you to check and certify.

Quashing 498A and other matrimonial cases

Matrimonial FIRs under Section 498A IPC (now Sections 85 and 86 BNS), often filed with dowry and Domestic Violence Act proceedings, are among the most common quashing petitions. Where the couple have genuinely settled, through mediation, a mutual-consent divorce or a written settlement, High Courts regularly quash these proceedings, following B.S. Joshi v. State of Haryana (2003) and Gian Singh (2012). Attach the settlement, the divorce decree or the mediation report, and both parties' affidavits. Where there is no settlement, quashing is limited to the usual grounds, for example vague allegations against distant relatives with no specific role.

Interim relief: what courts expect

In Neeharika Infrastructure v. State of Maharashtra (2021), the Supreme Court held that High Courts should not routinely stay investigations or pass blanket "no coercive steps" orders while a quashing petition is pending. Interim protection should be exceptional, and the order must give reasons. Ask for interim relief only with specific reasons: a purely civil dispute on the documents, a settlement already recorded, or a clear legal bar. If arrest is the real concern, consider anticipatory bail under Section 482 BNSS in parallel (format).

Mistakes that get quashing petitions dismissed

  1. Arguing disputed facts. "The complainant is lying" is a defence for trial, not a ground for quashing.
  2. Not identifying the missing ingredient. Name the offence, list its ingredients, and show which one the FIR's own allegations don't satisfy.
  3. Hiding an earlier petition. Non-disclosure can lead to dismissal with costs.
  4. Settlement quashing for serious offences. Courts refuse it for heinous offences and offences against society.
  5. Old section numbers. Cite Section 528 BNSS for petitions filed after 1 July 2024. The offence sections follow the date of the offence: IPC for earlier conduct, BNS after. Use the CrPC to BNSS conversion table if you are converting an old precedent.
  6. Wrong forum. A Sessions Court cannot quash an FIR. Only the High Court can, under Section 528.

एफआईआर रद्द करने की याचिका: धारा 528 बीएनएसएस (Section 528 BNSS in Hindi)

धारा 528 बीएनएसएस (पुरानी धारा 482 सीआरपीसी) के अंतर्गत केवल उच्च न्यायालय किसी एफआईआर, परिवाद या आपराधिक कार्यवाही को रद्द (quash) कर सकता है, जब:

  • एफआईआर को पूरा सच मान लेने पर भी कोई अपराध नहीं बनता,
  • मामला वास्तव में दीवानी (सिविल) विवाद है,
  • मुकदमा दुर्भावना से दर्ज किया गया है,
  • कोई कानूनी रोक है, या
  • पक्षकारों में वास्तविक समझौता हो गया है (गंभीर अपराधों को छोड़कर)।

याचिका के साथ एफआईआर, आरोप पत्र या आदेश, शपथ पत्र, समझौता पत्र (यदि हो) और वकालतनामा लगाएँ।

Draft it from the FIR

Juniorlawyer can read the FIR and produce a first draft of the facts, the grounds and the prayer in this structure, which you then check and complete. Every citation, paragraph and date must be checked against the official judgment and the case file before filing. Try Juniorlawyer's drafting tools.

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