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Quashing is an inherent jurisdiction of the High Courts, which is predominantly used for preventing the abuse of the process of any Court or to secure the ends of justice. Quashing of FIR is an ineffably important part of quashing proceedings in day to day scenarios because many litigants choose to opt for quashing applications, instead of the traditional way of applying for anticipatory bail, as soon as a complaint is lodged against them. Quashing should generally be exercised in exceptional cases [ AIR 1973 SC 799]. Quashing of FIR generally takes place in the following scenarios.

1. Where there is a legal bar against the institution or continuance of the proceedings;

2. Where the allegations in the FIR or complaint do not constitute the offence alleged; and

3. Where either there is no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.

It was held by The Hon’ble Apex Court that section 482 of the CrPC does not confer new powers on the High Courts [AIR 1960 SC 866] it only saves the inherent power which the Court possessed before the enactment of the Code of 1973.

The inherent jurisdiction of the High Courts can be used for quashing of FIR in the following three conditions :

I. To give effect to an Order under the Code;

II. To prevent abuse of the process of Court; and

III. To otherwise secure the ends of justice