Sample draft of quashing petition in High Court under Section 528 BNSS

Introduction

A quashing petition under Section 528 BNSS is filed to secure the ends of justice. It is discretionary power given to High Court to end any criminal proceedings if it finds it necessary for giving effect to provision of this Sanhita, or to prevent abuse of the process of any Court or to secure the ends of justice.

Seven guidelines of this power were laid down by the Hon’ble Supreme Court in the case of State of Haryana v. Bhajan Lal[1], these guidelines were follows:

1. Non-disclosure of cognizable offense: No cognizable offence is disclosed in the FIR or complaint, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
2. Prima-facie no case is made out: No prima-facie case is made out against the accused from the materials and substances of FIR or complaint.
3. Non-disclosure of offense committed: Where the uncontroverted allegation made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
4. Inherently improbable allegations: The allegations are so absurd or inherently improbable that no reasonable person could conclude that there is a sufficient ground for a proceeding against the accused.
5. Malicious Intention: The criminal proceeding is instituted with malicious intention or with an ulterior motive.
6. Abuse of process: The continuation of proceedings would amount to abuse of court’s process.
7. Express legal bar: There is express legal bar engrafted in any of the provision of the Code or the concerned Act under which a criminal proceeding is instituted.

These seven guidelines are non-exhaustive in nature, it just gives illustrations of possible grounds wherein power of quashing may be exercised.

Sample Draft of Quashing Petition

IN THE HIGH COURT OF ____________ AT ________

(CRIMINAL MISCELLANEOUS JURISDICTION)

Cr. M.P No. _________ of 2026

IN THE MATTER OF:

An application under Section 528 of B.N.S.S., 2023;

A N D

IN THE MATTER OF: –

XYZ, aged about ______, S/o _______________, R/o ________________________ P.O. _____________, P.S. _________________, Dist. ____________________.

………PETITIONER

VERSUS

The State of _________________                 

……OPPOSITE PARTY

To,

The hon’ble Chief Justice of the High Court of _____________ at __________ and His other companion Judges of the said Hon’ble Court.

The humble petition on behalf of petitioners above named: –

MOST RESPECTFULLY SHEWETH: –

1. That by way of this instant application, the petitioner prays for quashing of the Charge Sheet dated ____________ as well as order taking cognizance dated _______________ including the entire criminal proceeding arising out of  _______________________, passed by ______________________________, on the ground that the inclusion of the petitioner’s name as an accused is wholly arbitrary, illegal, and without any basis in law.

AND

That the petitioner further prays for stay of the entire criminal proceeding during the pendency of this application before this Hon’ble Court.

2. That the petitioners have not moved before this Hon’ble Court at any time earlier in A.B.A/B.A./Cr. M.P./Cr. Writ/ Cr. Revision/ Cr. Appeal or any other criminal matter in connection with this case as prayed for in this application.

3. That the cause of action of this case has arisen within the territorial jurisdiction of this Hon’ble High Court of __________________.

4. That it is humbly submitted that {Add prosecution story through FIR}

Certified copy of the FIR bearing no._________________________ is being annexed herewith and marked as ANNEXURE–1 to this application.

5. That it is humbly submitted that………….. {Add further supporting grounds for your claim.}

6. That……….

7. That………

8. That……

9. That…………

10. That………………..

11. That it is humbly submitted that the criminal prosecution initiated against the petitioner is nothing but a malicious attempt to drag him into unnecessary litigation.

12. That it is humbly submitted that the allegations against the petitioner are vague, omnibus, and do not satisfy the basic ingredients of the offences alleged in the chargesheet.

13. That this application is being filed bonafide and in the interest of justice:

It is, therefore, prayed that Your Lordships may graciously be pleased to quash the Charge Sheet ______________ as well as order taking cognizance dated _______________________including the entire criminal proceeding arising out of _____________________, passed by _______________________, on the ground that the inclusion of the petitioner’s name as an accused is wholly arbitrary, illegal, and without any basis in law.

AND

That the petitioner further prays for stay of the entire criminal proceeding during the pendency of this application before this Hon’ble Court;

AND/OR

Pass such other order or orders as Your Lordships may deem just, fit and proper in facts and circumstances of present case.

          AND for this, the petitioner shall ever pray.

A F F I D A V I T

I, _________________, Son of ______________, aged about ____________, Resident of _________________________, do hereby solemnly affirm and state as follows: –

1. That I am the Parvikar of the petitioner in the present application and I am well acquainted with the facts and circumstances of this case.
2. That the contents of this petition and its affidavit have been read over in vernacular to me and understood by me.
3. That the statements made in paragraphs __________________________ are true to my knowledge and those made in paragraphs __________________________ are true to my information and derived from relevant records of this case and the statement made in rest of the paragraphs are my humble submissions before this Hon’ble Court.
4. That the annexures are the certified / photocopies / Web copies/ of their respective originals.

Verified that the contents of the above affidavit contained in paragraph _____ to _____ is true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Verified at _________________ on this _______ day, 2025.

DEPONENT

Index

IN THE HIGH COURT OF _____________

(CRIMINAL MISCELLANEOUS JURISDICTION)

Cr. M.P No. _________ of 2026

XYZ                                                             ……PETITIONER

VERSUS

The State of _____________                     ……OPPOSITE PARTY

Sub: Quashing Matter

I N D E X

Sl. No.	Annexures	Particulars	Pages
1.		Cr. M.P. with its affidavit and Xerox of Aadhar of the deponent.
2.	ANNEXURE-1
3.	ANNEXURE-2
4.	ANNEXURE-3
5.	ANNEXURE-4
6.	ANNEXURE-5
7.	ANNEXURE-6
8.		VAKALTNAMA

This draft is prepared by Jeet Sinha.

Advocate at Jharkhand High Court