FIR Quashing Lawyer Pune | Bombay High Court | S.528 BNSS

What is FIR Quashing?

FIR Quashing is the legal process of having an FIR cancelled or set aside by the High Court. The Bombay High Court has inherent powers under Section 528 of BNSS 2023 (formerly S.482 CrPC) to quash an FIR if it is filed with mala fide intent, is frivolous, or if continuing proceedings would be an abuse of the process of law.

Grounds for FIR Quashing

The FIR is filed with malicious or vindictive intent
The allegations do not constitute any cognizable offence
The dispute is purely civil in nature being given criminal colour
The parties have amicably settled the dispute
The FIR is filed against a family member in a matrimonial dispute
There is a double jeopardy situation (tried twice for same offence)
The FIR involves a compoundable offence and parties have compromised
The complaint is filed beyond the limitation period

Process for FIR Quashing at Bombay High Court

Step 1: Detailed consultation and case evaluation

Step 2: Draft writ petition with grounds and supporting documents

Step 3: File writ petition at Bombay High Court (Aurangabad Bench if applicable)

Step 4: Apply for interim stay of investigation/arrest

Step 5: Appear and argue before the HC bench

Step 6: Secure quashing order

Verified HC Order

Rupesh Marne — MCOCA + BNSS — Proclamation Stayed via Writ Petition at Bombay High Court — 2025:BHC-AS:29231

Verifiable on Indian Kanoon.

Frequently Asked Questions

No. FIRs involving serious offences like murder, rape, or offences against the state are generally not quashed. The High Court exercises its power judiciously. FIRs in matrimonial disputes, false complaints, civil matters given criminal colour, and compoundable offences have the best prospects.

The process typically takes 3u201312 months depending on court schedule, complexity of the matter, and whether an interim stay is granted. Adv. Akash Chikate applies for interim protection at the time of filing to protect the client while the main petition is pending.

Yes. The High Court can grant an interim stay on investigation, arrest, or further proceedings while the quashing petition is pending. This is applied for at the time of filing.