Practice area

Quashing FIR lawyer in Bangalore

Petitions to the High Court of Karnataka under Section 528 of the BNSS to quash FIRs, charge-sheets and criminal proceedings.

The High Court of Karnataka can quash an FIR or criminal proceedings to prevent an abuse of the process of the court or to secure the ends of justice. The power is in Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corresponds to Section 482 of the earlier Code. It is used with care, and the petition has to show, on the face of the record, why the case should not proceed.

What this work involves

• Reviewing the FIR or complaint to see whether the allegations disclose an offence at all
• Civil and commercial disputes dressed up as cheating or breach of trust
• Settlements: quashing on compromise in suitable cases, including those the Supreme Court has addressed in Gian Singh v. State of Punjab (2012)
• Matrimonial and family cases, including those under Section 498A of the Indian Penal Code and the corresponding provisions of the Bharatiya Nyaya Sanhita
• Challenging charge-sheets, summoning orders and cognizance
• Interim stay of investigation or proceedings while the petition is pending
• Grounds drawn from the Supreme Court's decision in State of Haryana v. Bhajan Lal (1992) and later cases

Frequently asked questions

Can an FIR be quashed before the investigation is complete?

It can be, but only in limited circumstances, for instance where the allegations disclose no offence even if taken at face value.

Can an FIR be quashed if the parties settle?

In many offences that are largely private in nature, yes. The court considers the nature of the offence, and serious offences against society are treated differently.

How long does a quashing petition take?

Timelines vary. The petition is often listed for admission, and interim relief can be sought at that stage.

What do I need to bring?

The FIR or complaint, the charge-sheet if filed, any order of the court below, and the documents that show the real nature of the dispute.

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