Can FIR Be Quashed After Filing of Charge Sheet?

Introduction

In criminal proceedings under Indian law, the filing of a charge sheet under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is generally perceived as a significant milestone. Once the police complete investigation and submit the charge sheet before the competent Magistrate, the case formally enters the stage of trial. At this point, many accused persons believe that the opportunity to seek quashing of the FIR no longer exists and that they must necessarily face trial.

However, this belief is not entirely correct. A very important and frequently litigated legal question arises: Can an FIR be quashed after the filing of the charge sheet? This question assumes even greater importance in cases involving matrimonial disputes, commercial transactions, family disputes, or cases where the allegations are manifestly false or the parties have arrived at a settlement.

This article examines this question in depth by analysing statutory provisions, judicial precedents, the scope of inherent powers of the High Court, practical considerations, and limitations imposed by law.

Direct Answer to the Question

Yes, an FIR can be quashed by the High Court under Section 528 BNSS even after the filing of the charge sheet, provided the court is satisfied that continuation of the criminal proceedings would amount to abuse of the process of law or that quashing is necessary to secure the ends of justice.

Understanding the Concept of FIR and Charge Sheet

What Is an FIR?

A First Information Report (FIR) is the earliest information given to the police regarding the commission of a cognizable offence under Section 173 BNSS. It sets the criminal law into motion.

What Is a Charge Sheet?

A charge sheet is a final report submitted by the police under Section 193(2) BNSS after completion of investigation. It contains:

Details of the accused
Nature of accusations
Evidence collected
List of witnesses
Opinion of the investigating officer regarding commission of offence

The filing of a charge sheet signifies that the police believe there is sufficient material to proceed against the accused.

Legal Provision for Quashing: Section 528 BNSS

Inherent Powers of the High Court

Section 528 BNSS preserves the inherent powers of the High Court to:

Give effect to any order under the BNSS,
Prevent abuse of the process of any court, and
Secure the ends of justice.

The provision does not impose any express restriction on the stage at which such power may be exercised. Therefore, the filing of a charge sheet does not, by itself, curtail the jurisdiction of the High Court.

Whether Filing of Charge Sheet Bars Quashing of FIR

There is no legal bar under the Criminal Procedure Code that prevents the High Court from quashing an FIR or criminal proceedings merely because a charge sheet has been filed.

The Supreme Court has consistently held that:

The power under Section 528 BNSS is independent of the stage of proceedings.
Even after cognizance is taken or trial has commenced, quashing may be permitted in appropriate cases.

Judicial Pronouncements on Quashing After Charge Sheet

1. State of Haryana v. Bhajan Lal (1992)

This landmark judgment laid down illustrative categories where FIRs and criminal proceedings can be quashed. Importantly, the Court clarified that the power of quashing can be exercised even after investigation if the allegations do not disclose any offence or the proceedings are malicious.

2. Pepsi Foods Ltd. v. Special Judicial Magistrate (1998)

The Supreme Court held that summoning an accused is a serious matter and that criminal law cannot be set into motion mechanically. The High Court can interfere even after cognizance if the proceedings are an abuse of process.

3. Gian Singh v. State of Punjab (2012)

The Constitution Bench held that criminal proceedings involving personal or private disputes can be quashed even after filing of the charge sheet, if continuation of proceedings would serve no useful purpose.

4. Narinder Singh v. State of Punjab (2014)

The Court expressly observed that:

The timing of settlement is not decisive.
Even after filing of charge sheet or framing of charges, the High Court may quash proceedings if the dispute is private and chances of conviction are remote.

5. Parbatbhai Aahir v. State of Gujarat (2017)

The Supreme Court consolidated principles relating to quashing and reaffirmed that the High Court’s power under Section 528 BNSS can be exercised at any stage, including after the filing of the charge sheet.

6. State of Madhya Pradesh v. Laxmi Narayan (2019)

The Court clarified that while serious and heinous offences should not be quashed merely on the basis of settlement, offences of a private nature can be quashed even after filing of the charge sheet.

Grounds for Quashing FIR After Filing of Charge Sheet

The High Court may quash an FIR or criminal proceedings after filing of charge sheet on the following grounds:

1. No Prima Facie Case Made Out

If the charge sheet does not disclose the essential ingredients of the alleged offence, continuation of proceedings would be meaningless.

2. Dispute Is Civil or Matrimonial in Nature

Cases arising out of:

Matrimonial disputes
Family disputes
Property disputes
Commercial or business transactions
may be quashed if criminal law has been misused.

3. Compromise or Settlement Between Parties

Even after filing of the charge sheet, proceedings may be quashed if:

The dispute is private in nature
Settlement is genuine and voluntary
Chances of conviction are bleak

4. Abuse of Process of Law

Where criminal proceedings are initiated with mala fide intention, to harass or pressurize the accused, the High Court can intervene.

5. Allegations Are Absurd or Inherently Improbable

If the allegations in the FIR and charge sheet are so improbable that no prudent person can conclude that an offence has been committed.

6. Remote Possibility of Conviction

If evidence collected does not support the prosecution case and continuation of trial would be a futile exercise.

Stage of Proceedings and Quashing

Quashing can be sought:

After registration of FIR
During investigation
After filing of charge sheet
After cognizance is taken
Even after framing of charges (in rare cases)

The decisive factor is not the stage of proceedings but the nature of allegations and interest of justice.

Offences Where Quashing After Charge Sheet Is Generally Allowed

Section 85 BNS (matrimonial disputes)
Cheque bounce cases under Section 138 NI Act
Criminal breach of trust and cheating in commercial disputes
Defamation cases
Simple hurt and personal disputes
Family and property disputes

Offences Where Quashing After Charge Sheet Is Generally Not Allowed

Murder
Rape
Dacoity
Terrorism-related offences
Offences under special statutes involving public interest
Dowry death (Section 80 BNS)
Serious economic offences affecting society at large

Difference Between Discharge and Quashing

Aspect	Discharge	Quashing
Provision	Sections 250/262 BNSS	Section 528 BNSS
Court	Trial Court	High Court
Stage	Before trial	Any stage
Scope	Limited	Wide and inherent

Procedure to Seek Quashing After Filing of Charge Sheet

Filing of petition under Section 528 BNSS before the High Court
Annexing FIR, charge sheet, and relevant documents
Disclosure of stage of trial
Personal appearance of parties (in compromise cases)
Hearing of State and complainant
Judicial satisfaction of the High Court
Passing of order quashing FIR and all consequential proceedings

Practical Considerations for Litigants

Filing of charge sheet does not weaken the case for quashing if grounds are strong
Delay alone is not a bar to quashing
Courts discourage mechanical trials where settlement has taken place
Judicial economy and interest of justice are key considerations

Conclusion

The filing of a charge sheet does not take away the power of the High Court to quash an FIR or criminal proceedings under Section 528 BNSS. Indian courts have consistently held that the inherent jurisdiction of the High Court can be exercised at any stage of criminal proceedings, including after filing of the charge sheet, taking cognizance, or even framing of charges. What ultimately matters is whether the continuation of proceedings would amount to abuse of the process of law or whether quashing is necessary to secure the ends of justice. While serious and heinous offences affecting society at large are ordinarily not quashed, cases involving private, matrimonial, or civil disputes can certainly be brought to an end even after the charge sheet, provided the facts and circumstances justify such interference.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304