FIR Quashing in Odisha High Court: Process Under Section 528 BNSS

What is Section 528 BNSS and how is it different from Section 482 CrPC?

Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is the renumbered and re-enacted version of Section 482 of the old Code of Criminal Procedure (CrPC). Both provisions preserve the inherent powers of the High Court to prevent abuse of the process of any court and to secure the ends of justice, including quashing an FIR, charge sheet, or criminal proceeding. The legal principles and case law developed under Section 482 CrPC continue to apply under Section 528 BNSS.

On what grounds can an FIR be quashed by the Odisha High Court?

Common grounds include: the allegations, even if taken at face value, do not disclose any offence; the FIR is manifestly attended with mala fide intent or filed to settle personal scores; the dispute is essentially civil or commercial in nature dressed up as criminal; the case is barred by law such as limitation or lack of sanction; there is no legal evidence to support the charge; or the parties have genuinely settled the dispute (particularly relevant in matrimonial or property matters, subject to the nature of the offence).

Can an FIR be quashed after the charge sheet has already been filed?

Yes. The inherent power under Section 528 BNSS can be exercised at any stage — before, during, or after investigation, and even after a charge sheet is filed and cognizance is taken, provided the grounds for quashing are made out. However, courts are more cautious about quashing once a charge sheet is filed, since a prima facie case is presumed to exist, so the evidence on record needs closer scrutiny.

Can serious offences like rape, murder, or POCSO cases be quashed on settlement between parties?

Generally no. The Supreme Court has held that heinous and non-compoundable offences with a serious impact on society — such as murder, rape, and offences under the POCSO Act — cannot ordinarily be quashed merely because the parties have settled, since these offences are not private wrongs but offences against society at large. Quashing on settlement is more commonly allowed in matrimonial disputes, minor property matters, or predominantly civil disputes given a criminal colour.

How long does an FIR quashing petition take before the Odisha High Court?

Timelines vary based on the bench's docket and urgency of the matter, but a quashing petition typically takes anywhere from a few months to over a year for final disposal, depending on whether interim protection from arrest is sought and granted early, and how contested the matter is. Urgent petitions with strong grounds and proper interim relief applications tend to be listed and heard faster.