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When can an FIR be quashed and on what

grounds?

Here are some of the conditions under which an FIR can be quashed:

1. Where the allegations made in the first information report (FIR) or the complaint,
even if they are taken at their face value and accepted in their entirety do not prima
facie constitute any offence or make out a case against the accused.

2. Where the allegations in the first information report and other materials, if any,
accompanying the FIR do not disclose a cognizable offence, justifying an
investigation by police officers under Sec.156(1) of the Cr.P.C. except under an order
of a Magistrate within the purview of Sec.155(2) of the Cr.P.C.

3. Where the undisputed allegations made in the FIR/complaint and the evidence
collected in support of the same do not disclose the commission of any offence and
make out a case against the accused.

4. Where, the allegations in the FIR do not constitute a cognizable offence but
constitute only a non-cognizable offence, no investigation is permitted by a police
officer without an order of a Magistrate as contemplated under Sec. 155 (2) of the
Cr.P.C.

5. Where the allegations made in the FIR or complaint are so absurd and inherently
improbable on the basis of which no prudent person can ever reach a just conclusion
that there is sufficient ground for proceeding against the accused.

6. Where there is an express legal bar en-grafted in any of the provisions of the Code
or the concerned Act (under which a criminal proceeding is instituted) to the
institution and continuance of the proceedings and/or where there is a specific
provision in the Code or the concerned Act, providing efficacious redress for the
grievance of the aggrieved party.

7. Where a criminal proceeding is manifestly attended with malafide and/or where

the proceeding is maliciously instituted with an ulterior motive for wreaking
vengeance on the accused and with a view to spite him due to private and personal
grudge.

In the case of Rakhi Mishra v. State of Bihar (Cri. Appeal No. 1499 of 2017) the
Hon’ble Supreme Court has reiterated the legal proposition that High Court can
exercise its inherent powers under Section 482 of Cr.P.C. in exceptional
circumstances only.

The Code of Criminal Procedure has under Section 482 explained the inherent
powers of the High Court which can be related to quashing of an FIR or criminal
proceeding:-

 Section 482 of the Cr.P.C. specifies that a High Court has got the power to act
in any manner in order to make the two ends of justice meet.
 Under section 482 of the Cr.P.C., a High Court can quash an FIR if it thinks that
the FIR which has been lodged is a false one and was done with the sole motive
to defame and trouble the aggrieved person.
 If any person has been implicated and accused of a non-compoundable offence
then he can approach a High Court and file a Writ Petition under Article 226 of
the Indian Constitution read with Section 482 of Cr.P.C.
 The burden of proof is on the petitioner to prove that the FIR has been lodged
only for malicious reasons and to trouble the petitioner.
The laws have been made to make sure that no one is suppressing anyone and if
someone is then he shall be punished. But there are a number of circumstances in
which a person uses these laws which are favouring him to trouble innocent people.
To tackle this the lawmakers have given the High Court a power to quash an FIR if
they are satisfied that it was lodged with the only motive to trouble the person and
there is no need to continue the legal proceedings against that person.