AdvocateAmarjeet Yadav

Practice

Quashing of FIRs

Petitions before the High Court of Punjab and Haryana and the Delhi High Court to quash FIRs, complaints and criminal proceedings.

The High Court can end a criminal case that should not go on: where the FIR discloses no offence, where the dispute is purely civil, where the case is an abuse of the process of law, or where the parties have genuinely settled. The power now sits in Section 528 of the BNSS, as it did in Section 482 of the old Code.

What the work covers

  • On merits. Showing from the FIR and the record that no offence is made out.
  • On settlement. Quashing of matrimonial, commercial and other cases after a settlement, with the statements and affidavits the court needs.
  • Interim protection. A stay of investigation or of arrest while the petition is pending, where the case calls for it.

Questions people ask

Can every FIR be quashed after a settlement?

No. Serious offences against society are not quashed on a private settlement. Matrimonial, commercial and many other cases can be.

Do both sides have to appear in Chandigarh?

In settlement cases the High Court usually wants the complainant’s statement recorded, often before the trial court in Gurugram on the High Court’s direction.

How long does a quashing petition take?

It depends on the court’s list. Interim protection can often be sought on the first hearing; the final decision may take longer.

Speak to Amarjeet Yadav

Book an appointment at the Gurugram office or the court chamber, by video or by phone. Urgent matters: call or WhatsApp.