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Quashing of FIR and Section 175 Application before Magistrate


18-Jan-2026 (In Criminal Law)
Good Morning I am a landlord and have dispute with tenant who is not vacating the shop despite agreement ending . He filed an FIR but initially police refused. Then he went to Magistrate and filed application under Section 175 (3) Bnss who directed Police to do investigation. Police registered the FIR and presented the chargesheet . What are my remedies now ? Can I get the FIR quashed under Section 482 crpc or should I file revision against Magistrate order directing registration of FIR?
Answers (3)

Answer #1
625 votes
Yes you can it quashed since the tenant has tried to give the civil matter a criminal colour and revision against the magistrate order is not possible before session court since it’s an interlocutory order , you can either go for quash ment on ground that civil dispute giving criminal nature and revision in high court ..
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Advocate Alisha Kohli

Adv. Alisha Kohli

LawRato Jammu | 50+ Answers
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Answer #2
782 votes
Though it is a civil dispute. The FIR can't get lodged unless crime is committed. As per section 175(3) of BNss empowers the magistrate to get contents of complaint thourghly investigated and submit compliance report. Yes you can approach High court to get FIR quashed this remedy you can avail. After get FIR quashed you have remedy and right to file for compensation against state for malicious prosecution..
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Advocate Tanveer Yaseen Bhat

Adv. Tanveer Yaseen Bhat

LawRatoKupwara | 25+ Answers
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Answer #3
747 votes
you must have signed a rent agreement with your tenant on that basis you can file a criminal case against him. As for quashing FIR it can directly quashed in high court where high court will order judge to quash fir against you
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Advocate Suhail Khursheed Mir

Adv. Suhail Khursheed Mir

LawRatoBaramulla | 25+ Answers
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