How to File a Petition for Quashing Under Section 482 CrPC / 528 BNSS to Quash a False 420 IPC / 318 BNS FIR?
If you are falsely accused in a 420 IPC / 318 BNS case, you can approach the High Court to file a petition under Section 482 of the Criminal Procedure Code (CrPC) / Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to quash the FIR. The High Court has inherent powers under these sections to prevent the abuse of the legal process and to secure justice.
1. Grounds for Quashing a False 420 IPC / 318 BNS FIR
The High Court may quash an FIR under Section 482 CrPC / 528 BNSS if the case is:
✅ No Prima Facie Case – The allegations do not make out an offense of cheating and dishonest inducement.
✅ Civil Dispute Misrepresented as Criminal – If the issue is related to contractual obligations, business disputes, or loan defaults, it should be a civil case and not a criminal one.
✅ Absence of Mens Rea (Criminal Intent) – Fraudulent intention at the inception of the transaction is not proved.
✅ Settled Between the Parties – If the complainant and accused have amicably settled the dispute, the FIR may be quashed.
✅ Malicious or Frivolous Complaint – If the FIR has been filed due to personal enmity, revenge, or harassment, the court can quash it.
✅ Lack of Evidence – If the allegations are unsupported by material evidence or independent witnesses.
Important Case Laws on Quashing of FIR
- State of Haryana v. Bhajan Lal (1992) – Laid down the guidelines for quashing FIRs in cases of false and baseless allegations.
- Pepsi Foods Ltd. v. Special Judicial Magistrate (1998) – The Supreme Court held that false criminal cases should not be allowed to continue.
- Gian Singh v. State of Punjab (2012) – Stated that in commercial and financial disputes, if the parties have settled the matter, the FIR can be quashed.
2. Step-by-Step Process to File a Quashing Petition
Step 1: Engage a Criminal Lawyer
- Hire an experienced criminal lawyer who specializes in quashing petitions and fraud-related cases.
Step 2: Draft the Quashing Petition
- Your lawyer will draft a petition under Section 482 CrPC / 528 BNSS mentioning the grounds for quashing the FIR.
- The petition should include:
- Details of the FIR (FIR number, date, police station, complainant’s name).
- A summary of allegations in the FIR.
- Legal grounds for quashing the FIR.
- Supporting documents/evidence (contracts, email exchanges, payment proofs, WhatsApp chats, etc.).
- Relevant case laws to strengthen your argument.
Step 3: File the Petition in the High Court
- The petition is filed in the High Court of the state where the FIR was registered.
- Pay the court fees and submit the necessary documents.
Step 4: Notice to the Opposing Party (State & Complainant)
- The High Court issues a notice to the State (through the Public Prosecutor) and the complainant to file a response.
- The complainant may oppose or agree to quashing the FIR.
Step 5: Hearing Before the High Court
- Your lawyer presents arguments before the judge.
- If the court is satisfied that the FIR is false, baseless, or arises out of a civil dispute, it may quash it.
- If the case is compoundable (settled between parties), the court may quash it based on mutual consent.
Step 6: High Court Order on Quashing
- If the court allows the petition, the FIR is quashed, and all criminal proceedings come to an end.
- If the petition is rejected, you may explore alternative legal remedies, such as filing a discharge application before the trial court.
3. Documents Required for Filing a Quashing Petition
- Copy of the FIR (Certified copy from the police station).
- Identity proof of the accused.
- Supporting documents proving innocence (contracts, payment receipts, communications, etc.).
- Copy of the Charge Sheet (if already filed by police).
- Affidavit stating the facts of the case.
- Settlement agreement (if the matter has been resolved between the parties).
4. Alternative Remedies if the FIR is Not Quashed
If the High Court does not quash the FIR, you can explore:
1. Discharge Application Before the Trial Court
- If the charge sheet has been filed, you can move an application under Section 227 or 239 CrPC for discharge.
2. Anticipatory Bail Under Section 438 CrPC
- If you fear arrest, apply for anticipatory bail before the Sessions Court or High Court.
3. Regular Bail Under Section 437/439 CrPC
- If you have been arrested, apply for regular bail before the court.
4. Challenge the Charge Sheet Under Section 482 CrPC
- If the police file a charge sheet despite weak evidence, you can again approach the High Court under Section 482 CrPC / 528 BNSS.
5. FAQs on Quashing a False 420 IPC / 318 BNS Case
Q1. Can I get a 420 IPC / 318 BNS FIR quashed if I have repaid the money?
Yes, if the dispute is settled, you can approach the High Court for quashing the FIR on the basis of compromise.
Q2. How long does it take to quash an FIR under Section 482 CrPC / 528 BNSS?
It depends on the court’s workload and the complexity of the case, but generally takes a few months.
Q3. Can a 420 IPC / 318 BNS FIR be quashed before filing a charge sheet?
Yes, a petition for quashing can be filed at any stage, even before the charge sheet is filed.
Q4. What if the High Court refuses to quash my FIR?
You can explore alternative remedies like applying for discharge, anticipatory bail, or challenging the charge sheet.
Q5. Can a quashing petition be filed if I have already taken bail?
Yes, getting bail does not prevent you from filing a quashing petition.
Conclusion
If you are facing a false 420 IPC / 318 BNS FIR, filing a quashing petition under Section 482 CrPC / 528 BNSS in the High Court is a powerful legal remedy. Ensure that you have strong legal grounds, proper documentation, and an experienced lawyer to handle your case effectively.
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.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304