The High Court has inherent power to quash an FIR, a charge-sheet or criminal proceedings to prevent abuse of the process of the court or otherwise to secure the ends of justice. For FIRs registered anywhere in the Jammu division, the petition is filed before the High Court of Jammu & Kashmir and Ladakh at Jammu.
When an FIR can be quashed
These categories come from the Supreme Court's decision in State of Haryana v Bhajan Lal (1992), which courts across India, including the J&K High Court, continue to apply.
- The allegations, even if taken at face value, do not make out any offence.
- The allegations are so absurd or improbable that no prudent person could act on them.
- There is a legal bar to the proceedings.
- The proceedings are manifestly malicious, or were started to settle a private grudge.
- A civil dispute has been given the colour of a criminal case.
Quashing after a settlement
Where the dispute is essentially private — commercial, property or matrimonial — and the parties have genuinely settled, the High Court can quash the FIR even if the offence is not one the law allows to be compounded. The J&K High Court has quashed matrimonial FIRs on this basis, holding that Section 359 BNSS does not limit its inherent power under Section 528.
Offences that are serious, heinous or affect society at large — such as murder, rape or offences under special statutes — are generally not quashed on the basis of a compromise.
Matrimonial cases
In FIRs under Section 85 BNS (earlier Section 498A IPC) and related sections, the J&K High Court has cautioned against prosecuting extended family members on general allegations without specific evidence, and has quashed proceedings against relatives on that basis.
What is needed
- A copy of the FIR and, if filed, the charge-sheet.
- Documents showing the nature of the dispute.
- For settlement-based quashing: the written settlement, and the complainant's willingness to confirm it before the court.
- Details of any bail orders or earlier proceedings.
Frequently asked questions
Which court quashes an FIR registered in Kathua, Udhampur or Rajouri?
The High Court of Jammu & Kashmir and Ladakh at Jammu hears quashing petitions for FIRs registered in all districts of the Jammu division.
Can an FIR be quashed after the charge-sheet is filed?
Yes. The High Court can quash the charge-sheet and the proceedings, not only the FIR.
Will the investigation stop while the quashing petition is pending?
Not automatically. The High Court may grant interim protection, such as no coercive action, depending on the case.
Last reviewed: 2026-10-15. This page gives general information about criminal procedure in Jammu and Kashmir. It is not legal advice, and every case turns on its own facts. Statutory references are to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Nyaya Sanhita, 2023 (BNS), with the earlier CrPC/IPC provisions in brackets where helpful.