What is the procedure to quash an FIR and the timeline for the same

563 votes

Hi, you can challenge the FIR and move to High Court for quashing of an FIR at any stage. However, there can be no definite timeline for quashing, but it may take six month to one year depending on the facts and circumstances of the case.

Advocate Ganesh Singh LawRato

942 votes

There is no time limit for quashing fir, but you have to go for quashing as soon as possible, before the charge frame(case commit), it will very effective for quashing.


If you want to quash your fir mean you have to file the quash petition before filing charge sheat.

Though fir can be quashed and no time limit is there the courts wait till submission of the charge sheet for such hearing.

Advocate Sandeep Kadian LawRato

620 votes

U can file criminal writ praying to quash FIR filed against u. Once chargesheet is filed in that case u have to challenge the said chargesheet under sec 482 Crpc,there is no such specified time period for challenging the FIR but it’s advisable to challenge it whenever u r under apprehension of being arrested by police

Advocate Shikhar Vats LawRato

963 votes

Fir can be challenged from the day of knowledge or registration, procedure however may be different for queahing of fir, such as before filing of chargesheet or during the investgation may fill a writ petition however after chargesheet filed criminal miscellance petition.

Now, more technical points such as, in none cognigable offence for, matter can be compound before concern court for cognigable offence however, only concern high court has absolute jurisdiction for queshing.

Now, you are requestd to share the fir registered against you importantly under which section of offences and status of fir now a day, willing to help do write in detail.

Advocate Naresh Panwar LawRato

688 votes

An FIR can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated with the only motive to trouble the person and there is no need to continue the legal proceedings against that person. High Court can quash the FIR on the ground that the case is a false case and will ask the police to set the aggrieved person free if he has been arrested.
The time for quashing depends on the offence, charges and the time taken by the court to be convinced.
Remind that if Quashing is rejected then it won’t harm your case but if certain negative observations are marked then that might hurt your case and If any derogatory remarks are written by you which you can prove to be wrong legally then of course Criminal Defamation can be filed against any authority which writes derogatory remarks on u.

Note: If charges have been framed then you can also go in for revision as per the Charge Sheet Rules.

Advocate Tulasa Neupane LawRato

153 votes

To quash an FIR (First Information Report) in India, you need to follow a specific legal procedure. Here is an overview of the procedure and the timeline for quashing an FIR:

1. Consult an Advocate:
   • If you wish to quash an FIR, it is advisable to consult with an experienced advocate who specializes in criminal law. They can provide guidance and legal assistance throughout the process.
2. Draft a Quash Petition:
   • Your advocate will help you draft a quash petition. This petition is typically filed under Section 482 of the Code of Criminal Procedure (CrPC) in the High Court.
3. Grounds for Quashing:
   • The quash petition should clearly state the grounds on which you are seeking the quashing of the FIR. Common grounds include a lack of evidence, compromise between parties, or the FIR being filed with mala fide intentions.
4. Filing the Petition:
   • The quash petition is filed in the High Court that has jurisdiction over the case. It is essential to submit the petition along with any supporting documents and affidavits.
5. Notice to Opposite Party:
   • The court will issue a notice to the opposite party (usually the complainant or the state) and provide them with an opportunity to present their arguments.
6. Hearing and Arguments:
   • Both parties will present their arguments before the court. Your advocate will argue why the FIR should be quashed, while the opposite party will defend the FIR's validity.
7. Judicial Decision:
   • The High Court will consider all arguments and evidence before making a decision. The court may either quash the FIR or reject the quash petition.
8. Timeline for Quashing:
   • The timeline for quashing an FIR can vary significantly. It depends on factors such as the complexity of the case, court workload, and the specific circumstances. It may take several months to several years for the High Court to make a decision.

Advocate Chikirsha Mohanty LawRato

479 votes

It can take 2 to 3 weeks to quashing an FIR. Can the FIR quashed prior to filing the charge sheet? It is possible to quashing the FIR before filing the chargesheet, but this practice is not more common.

Advocate Chikirsha Mohanty LawRato