FIR: How to File-How to Quash-and What Happens After Filing?

The answer is: An FIR is filed by providing information about a cognizable offence to the police under Section 154 CrPC, and an FIR can be quashed only by the High Court under Section 482 CrPC. An FIR is one of the most important documents in the Indian criminal justice system. It sets the criminal law into motion, becomes the foundation of the police investigation, and ultimately forms the basis of prosecution. This article explains how to file an FIR, what happens after an FIR is filed, and how an FIR can be quashed, covering every important legal aspect in detail.

What Is an FIR?

An FIR, or First Information Report, is a document prepared by the police when they receive credible information about the commission of a cognizable offence. A cognizable offence is an offence in which the police have the power to register the case and arrest without a warrant, such as murder, rape, theft, hurt, extortion, cheating, robbery and many others.

The purpose of the FIR is to:

Record the earliest version of the crime.
Enable the police to start the investigation.
Prevent manipulation or fabrication of facts at a later stage.
Protect the rights of both the complainant and the accused by creating an official record.

Once recorded, the FIR becomes the starting point of the criminal case and leads to multiple procedural stages such as investigation, evidence collection, arrest, charge sheet, trial and judgment.

Who Can File an FIR?

An FIR can be filed by:

The victim of the crime
A witness who saw or heard the incident
Any person who knows about the offence, even if they are not directly related
The police themselves, based on information or their own knowledge (known as suo motu FIR)

Indian law does not require the informant to be an eyewitness or victim. Even hearsay information can justify recording of an FIR, provided it appears credible.

Where Can You File an FIR?

An FIR can be filed at:

1. The Police Station Within Whose Jurisdiction the Crime Occurred

This is the ordinary rule called territorial jurisdiction.

2. Any Police Station (Zero FIR)

A Zero FIR can be filed at any police station, irrespective of jurisdiction. The police must later transfer it to the appropriate station.
This ensures that the investigation is not delayed due to jurisdiction issues.

3. Online FIR Portals (in Many States)

Many states such as Delhi, Maharashtra, MP, UP, Karnataka allow online FIRs for certain categories of offences like theft of a mobile phone, vehicle theft, missing documents, etc.

4. By Calling Emergency Number 112 or 100

Telephonic information that discloses a cognizable offence must also be treated as information requiring registration of an FIR if it is not vague.

Legal Provisions Governing FIR

The law relating to FIR is primarily found in:

Section 154 Cr.P.C. – Deals with registration of FIR in cognizable offences
Section 155 Cr.P.C. – Deals with non-cognizable offences
Section 156 Cr.P.C. – Police powers to investigate
Section 157 Cr.P.C. – Procedure after receiving information
Section 482 Cr.P.C. – High Court’s power to quash FIR
Articles 21 and 22 of the Constitution – Ensuring fairness, liberty and due process
Supreme Court guidelines in Lalita Kumari vs. State of UP (2013) – Mandatory registration of FIR

How to File an FIR – Complete Step-by-Step Process

1. Visit the Police Station

The informant must visit the police station closest to the crime location or any station in case of a Zero FIR. The officer in-charge (SHO) or the duty officer must record the complaint without delay.

2. Provide the Information to the Police

You need to narrate the incident in clear detail. The information should include:

What happened
How the incident occurred
When it happened (date and time)
Where it happened
Who was involved
Whether any weapon was used
Whether you suffered injury or loss
Names of witnesses, if any

Even if you do not remember certain facts, you can still file the FIR.

3. Police Must Reduce the Information Into Writing

Under Section 154 Cr.P.C., the police officer must write the information verbatim as narrated by the informant.

4. Read Over the FIR Before Signing

The law makes it mandatory for the police to read over the contents to the informant.
The informant must sign the FIR only after confirming accuracy.

If the complainant is unable to write, they can give thumb impression.

5. Obtain a Free Copy of the FIR

It is a legal right of the complainant to receive a free copy immediately after registration.

6. FIR Number and Date

The FIR is registered with:

FIR number
Date
Sections invoked
Police station seal

This number is essential for tracking the investigation.

Can the Police Refuse to File an FIR?

Legally, the answer is No, the police cannot refuse to file an FIR for a cognizable offence.
This was clearly held by the Supreme Court in Lalita Kumari v. Govt. of UP (2013).

However, police often avoid registration due to:

Pressure from local influences
Desire to keep crime statistics low
Belief that matter is civil in nature
Lack of staff or resources

In such a situation, the complainant has the following remedies.

What to Do If the Police Refuse to Register an FIR?

There are strong legal remedies available:

1. File a Complaint to the Superintendent of Police (SP) under Section 154(3) Cr.P.C.

You can submit a written complaint to the SP of the district.
The SP can order investigation or personally register the FIR.

2. Approach the Judicial Magistrate under Section 156(3) Cr.P.C.

If the SP also does nothing, the complainant can directly approach the Magistrate.
The Magistrate can order:

Registration of FIR
Direction to police to investigate
Monitoring of the investigation

This is one of the strongest remedies.

3. File an Online Complaint or Use Email

Most states provide online portals for complaints.

What Happens After Filing an FIR? – Detailed Procedure

Once the FIR is registered, the criminal law machinery starts working.
The key stages are as follows:

1. Police Investigation Begins

The investigation process includes:

Visiting the crime scene
Collecting evidence
Recording statements of witnesses under Section 161 Cr.P.C.
Medical examination of victim (in certain offences)
Seizure of objects related to the crime
Arrest of the accused, if necessary

The police must investigate fairly and impartially.

2. Arrest of the Accused (If Required)

After examining the nature of the offence, the police may arrest the accused.
Arrest depends on:

Nature of offence
Possibility of absconding
Tampering with evidence
Threat to witnesses

The accused has rights such as:

Right to remain silent
Right to legal representation
Right to be produced before Magistrate within 24 hours

3. Recording of Statements

Police record:

Statement of victim
Statement of witnesses
Statement of accused (though not admissible)

Statements recorded under Section 161 Cr.P.C. support the investigation but are not substantive evidence.

In serious offences, a Magistrate may record statements under Section 164 Cr.P.C.

4. Collection of Physical and Scientific Evidence

This includes:

CCTV footage
Forensic evidence (FSL reports)
Fingerprints
Blood samples
Weapons
Electronic evidence such as chats, emails, mobile data

Electronic evidence is increasingly crucial in modern investigations.

5. Filing of Charge Sheet or Closure Report

After investigation, police file either:

1. Charge Sheet (Section 173 Cr.P.C.)

When evidence is sufficient.

2. Closure Report / Final Report

When no evidence is found.

The complainant can file a protest petition against a closure report.

6. Court Proceedings Begin

Once the charge sheet is accepted, the court process begins:

Cognizance by Magistrate
Issue of summons or warrants
Framing of charges
Trial
Examination and cross-examination of witnesses
Final judgment

This can take months or years depending on nature of case.

How to Quash an FIR? – Complete Detailed Explanation

The High Court has inherent powers under Section 482 Cr.P.C. to quash an FIR.
This power is used sparingly and only in exceptional cases.

Grounds for Quashing an FIR

1. FIR Does Not Disclose Any Offence

If the FIR does not make out a cognizable offence even if its contents are accepted as true.

2. Case Is Civil in Nature

Disputes related to property, money, partnership or business transactions are often civil. If wrongly converted into criminal case, FIR can be quashed.

3. Mala Fide / False / Vexatious Complaints

If FIR is filed with an ulterior motive, personal revenge or harassment.

4. No Evidence to Support the Allegations

If allegations are impossible to prove or absurd on the face of it.

5. Settlement Between Parties

In compoundable offences like:

Cheque bounce
Hurt
Defamation
Matrimonial disputes

The High Court can quash FIR on the basis of compromise.

6. Abuse of Court Process

If continuation of proceedings would lead to injustice.

7. Delay in Lodging FIR Without Explanation

Suspicious delay can be a ground in certain cases.

Procedure to File Quashing Petition Before High Court

1. Draft the Petition Under Section 482 Cr.P.C.

The petition must:

Narrate facts
Include FIR copy
Include charge sheet (if filed)
Explain why FIR is illegal or false
Mention grounds for quashing

2. File the Petition in the High Court

Filing is done before the High Court having jurisdiction over the police station where FIR is registered.

3. Issue of Notice to State and Complainant

The High Court issues notice for hearing.

4. Hearing Before the Court

Arguments are presented by:

Petitioner’s lawyer
Government counsel
Complainant’s lawyer

5. Court May Pass Interim Relief

Such as:

Stay on investigation
Stay on arrest

6. Final Order

The Court may:

Quash the FIR
Partially quash FIR
Dismiss the petition
Direct investigation to continue
Order mediation (in matrimonial/financial matters)

Important Supreme Court Judgments on FIR and Quashing

1. Lalita Kumari vs. Govt. of UP (2013)

Registration of FIR in cognizable offences is mandatory.

2. State of Haryana vs. Bhajan Lal (1992)

Laid down famous “Bhajan Lal guidelines” for quashing FIR.

3. Priyanka Srivastava vs. State of UP (2015)

Affidavit is mandatory for 156(3) application to prevent misuse.

4. Neeharika Infrastructure vs. State of Maharashtra (2021)

Courts should exercise caution before staying investigation.

Frequently Asked Questions (FAQs)

1. Can an FIR Be Filed After a Long Delay?

Yes, delay is not fatal but must be explained properly.

2. Can FIR Be Quashed After Charge Sheet?

Yes, FIR and charge sheet both can be quashed.

3. Can the Accused Get a Copy of the FIR?

Yes, anyone can get it online or from police station.

4. Can Police Delete Sections After Filing FIR?

Yes, they can add or remove sections during investigation.

5. Can a Second FIR Be Filed for the Same Incident?

No, unless there are completely different facts.

6. Can Police Close the Case After FIR?

Yes, by filing a closure report if evidence is insufficient.

7. Can FIR Be Quashed in Matrimonial Cases?

Yes, based on settlement between the parties.

Conclusion

An FIR is the foundation of the criminal justice system. It initiates investigation, ensures evidence preservation and creates an official record of the alleged offence. Filing an FIR is a simple yet crucial step that every citizen should understand, especially when dealing with cognizable offences. If the police refuse to register an FIR, the complainant has clear remedies before the Superintendent of Police and the Magistrate. After registration, multiple procedural steps follow including investigation, arrest, collection of evidence, filing of charge sheet and ultimately trial. When an FIR is false, malicious or legally unsustainable, the High Court has the power to quash it under Section 482 Cr.P.C., protecting individuals from misuse of criminal law. Understanding these procedures empowers victims, accused persons and lawyers alike and ensures that criminal law functions fairly and effectively.

Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.

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