quash

In criminal law, “quashing” usually means the High Court ending an FIR, complaint, charge sheet or criminal proceeding at the threshold, in exercise of its inherent powers to prevent abuse of process or to secure the ends of justice, or under Article 226. In Bhajan Lal the Supreme Court listed categories where this may be done, such as where the allegations, even if accepted, disclose no offence, or the proceeding is manifestly mala fide.

The power is to be used sparingly; the High Court does not conduct a mini-trial or weigh evidence at this stage. Quashing is also possible for non-compoundable offences settled between private parties where the dispute is essentially private. In administrative law, certiorari quashes an order already made.

Example

The High Court refused to quash the FIR, holding that the allegations disclosed a cognizable offence that required investigation.

In Indian law

• s.528 BNSS (old s.482 CrPC): inherent powers of the High Court
• State of Haryana v. Bhajan Lal, 1990 INSC 363: categories of cases in which proceedings may be quashed

See also

inherent powers · certiorari · first information report · compounding of offences

Read more in the study notes

• Classification of administrative action (Administrative Law)
• The rule against bias (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Administrative discretion and its judicial review (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)