One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Getting an FIR quashed in India can take anywhere from 4-6 months to over 1.5 years, depending on the High Court, whether the case is based on a settlement or merits, and how quickly procedural defects in the filing are resolved. If the quashing is based on a genuine compromise between parties, it is usually faster — sometimes wrapped up within a few months. If it involves arguments on the merits of the case, expect a longer wait.
A family from Nagpur approached the Chamber of Advocate Sudhir Rao after their earlier lawyer had filed a quashing petition in the Bombay High Court but failed to get it listed for over four months. The FIR was registered at the Sadar Police Station on 12 March 2025 under allegations of assaulting a differently-abled person during a property dispute. The police had already filed a chargesheet. The previous counsel had submitted all documents but did not clear the registry defects, leaving the matter stuck at the filing stage. Advocate Sudhir Rao and his office immediately reviewed the case file, identified the irregularities, and got the defects rectified within two weeks. The petition was then listed before the court. Given that the matter involved a settled compromise between the parties, the office argued for quashing on the basis of a lawful settlement. The High Court, exercising its inherent powers, quashed the FIR within three months of the fresh filing. The key? A specialised approach to procedural compliance and knowing when to press for a settlement-based outcome. This is not a case that could have been won without domain-specific experience — general practitioners often miss the subtle defect-clearance timelines that can delay a case for months.
Key Facts of the Case
- FIR was registered at Sadar Police Station, Nagpur on 12 March 2025 under BNS provisions for assault against a differently-abled person.
- Police filed a chargesheet before the petition for quashing was moved.
- The initial lawyer filed the quashing petition but did not clear registry defects, so the case never got listed for over four months.
- The parties had reached a genuine compromise before the quashing petition was filed.
- Advocate Sudhir Rao's office rectified procedural defects and got the petition listed within two weeks.
- The High Court quashed the FIR within three months of the corrected filing, relying on the settlement and the lack of a continuing public interest.
The Direct Legal Answer
How long does it take for an FIR to be quashed once the petition is listed in court?
Once the petition is properly listed — meaning all registry defects are cleared and the case is assigned a hearing date — the timeline varies. If the quashing is based on a settlement (e.g., a compromise between the parties where the offence is compoundable), the High Court can dispose of the matter in 2-4 months after the first listing. If the quashing is argued on merits (e.g., no prima facie offence, abuse of process of law), it can take 1 to 1.5 years or more, as the court will hear arguments on the evidence and may direct the investigating agency to file responses.
What causes delays before the case is even listed?
The biggest bottleneck is the High Court registry. After filing, the registry checks the petition for defects — missing documents, unclear copies, incorrect court fees, or vernacular documents without translations. If defects are found, the lawyer gets a specific time to correct them. If the advocate fails to do so, the case does not get listed. This is a common reason for months of delay. The High Court's computerised listing system also depends on how quickly the case is processed — some High Courts like Delhi have faster listing norms; others take longer.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Second, ensure your lawyer checks the status of the case at the registry every week after filing. Registry defects can be cleared quickly if monitored. Third, if the case is based on a genuine compromise, get a notarised settlement deed and file an application for quashing based on compromise — this route is far faster than litigating on merits. Finally, remember that this area of law — quashing petitions — involves specific procedural nuances under Section 528 BNSS. An advocate who handles criminal cases regularly in the High Court will know exactly how to navigate the defect-clearance, listing, and hearing process. A general practitioner may not be familiar with these procedural timelines, and that can cost you months.
Applicable Sections of Law
- Section 528 BNSS: Inherent powers of the High Court to quash FIRs, chargesheets, or criminal proceedings to prevent abuse of process or secure the ends of justice.
- Section 115 BNS: Voluntarily causing hurt to a person with a disability — a non-bailable and cognizable offence in certain cases.
- Section 320 BNSS: Compounding of offences — certain offences can be compounded (settled) by the parties with or without court permission, depending on the nature of the offence.
- Article 226 of the Constitution of India: High Court's writ jurisdiction to quash proceedings where fundamental rights are affected or where the FIR is an abuse of process.
Punishment and Penalties
- Minimum Punishment: Under Section 115 BNS, voluntarily causing hurt to a person with a disability attracts imprisonment for up to 1 year, or fine, or both.
- Maximum Punishment: Depending on the severity and the specific facts, the imprisonment can extend up to 2 years. The court has discretion on fine.
- Cognizable / Non-cognizable: Cognizable — police can arrest without warrant.
- Bailable / Non-bailable: Non-bailable in certain circumstances, though the court may grant bail under Section 480 BNSS.
- Compoundable / Non-compoundable: The offence under Section 115 BNS is compoundable with the permission of the court, as it involves personal injury.
Jurisdiction — Where to File the Case
The quashing petition must be filed in the High Court that has territorial jurisdiction over the police station where the FIR was registered. In this case, the FIR was at Sadar Police Station, Nagpur — so the Bombay High Court (Nagpur Bench) had jurisdiction. For incidents outside a High Court's territorial limits, a different High Court cannot entertain the petition. Jurisdiction matters because filing in the wrong forum will result in the case being rejected or transferred, causing further delay.
What if Police Refuse to File FIR?
If police refuse to register an FIR, the aggrieved person can:
- Approach the Superintendent of Police under Section 173(4) BNSS with a written complaint.
- File a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
- As a last resort, file a writ petition in the High Court under Article 226 seeking a direction to register the FIR.
- Keep a written record of the refusal — a copy of the complaint with an acknowledgement or a signed refusal note.
Rights of the Accused
- Right to remain silent: Under Article 20(3) of the Constitution, no person can be compelled to be a witness against themselves.
- Right to legal representation: Under Article 22, the accused has the right to consult and be defended by a legal practitioner of their choice.
- Right to be produced before a Magistrate within 24 hours: The police must produce the accused before the nearest Magistrate within 24 hours of arrest, excluding travel time.
- Right to a copy of the FIR: The accused is entitled to a copy of the FIR free of cost.
- Right to know grounds of arrest: The police must inform the accused of the grounds of arrest immediately, and this right cannot be waived.
Bail Provisions
Since the offence under Section 115 BNS is cognizable and non-bailable in nature, the accused must apply for regular bail under Section 480 BNSS before the trial court. Anticipatory bail (pre-arrest bail) can be sought under Section 482 BNSS if there is a genuine fear of arrest. The court typically grants bail if the accused is not a flight risk, has no criminal antecedents, and the investigation is complete. Bail conditions may include furnishing a surety, surrendering the passport, and appearing before the court as required. In quashing cases where settlement is reached, the court often grants bail swiftly, and the quashing petition is then heard.
Quashing of FIR / Case
The High Court has inherent powers under Section 528 BNSS to quash an FIR or criminal proceedings to prevent abuse of process or to secure the ends of justice. Grounds for quashing include: no prima facie offence is made out, the complaint is malicious, the matter has been compromised between the parties (for compoundable offences), or the proceedings are a clear abuse of court process. Quashing is a viable strategy when the dispute is essentially civil in nature, or when the allegations are vague and unsupported by evidence. It is not available for serious offences involving public interest or heinous crimes.
If You Are the Victim
- Preserve all evidence — medical reports, CCTV footage, photographs of injuries, and witness statements.
- File a complaint with the local police immediately. Do not delay.
- Get a copy of the FIR and follow up on the investigation regularly.
- If the accused seeks quashing on the basis of a settlement, ensure the settlement is genuine and not coerced. The court will verify this before quashing.
- Consult a criminal lawyer to understand your rights and the progress of the case.
Documents You Must Keep Ready
- Copy of the FIR and chargesheet
- Identity proof (Aadhaar, PAN Card, Voter ID)
- Medical reports and injury certificate (if any)
- Photographs or video evidence of the incident
- List of witnesses with contact details
- Any communication with the police (complaint copies, acknowledgements)
- Notarised settlement deed (if compromise is reached)
- Previous court orders (if any bail or interim orders were passed)
What Evidence Is Required?
- Primary Evidence: Direct eye-witness testimony, video footage, and photographs of the incident.
- Documentary Evidence: Medical reports, disability certificate of the victim, and any correspondence between parties.
- Circumstantial Evidence: Timeline of events, phone call logs, messages.
- Forensic Evidence: If relevant, forensic analysis of weapons or materials used in the assault.
- Secondary Evidence: Certified copies of documents if originals are unavailable.
- Expert Opinion: Medical expert testimony on the nature of injury and its link to the accused's actions.
How the Police Behave in Such Cases
In cases involving assault on a differently-abled person, the police treat the matter with seriousness due to the vulnerable status of the victim. The police typically register the FIR promptly, arrest the accused if the offence is cognizable and non-bailable, and file the chargesheet within the statutory period of 60-90 days. However, delays can occur if the police are overburdened or if the accused is politically connected. In some cases, the police may attempt to bring the parties to a settlement before the chargesheet is filed. It is important to cooperate with the investigating officer but also to ensure your rights are protected.
Timeline of Legal Process
- FIR Registration: Immediately after complaint — 0-2 days.
- Investigation and Arrest: 15-60 days depending on complexity.
- Chargesheet Filing: Within 60-90 days from arrest (depending on the offence).
- Filing of Quashing Petition: After chargesheet — 2-4 weeks for preparation.
- Defect Clearance and Listing: 2 weeks to 4 months — the most variable stage.
- First Hearing on Quashing: 1-3 months after listing.
- Final Order on Quashing: 2-6 months after first hearing if based on settlement; 6-18 months if argued on merits.
- Appeal (if any): 1-3 years if appealed to Supreme Court.
How Long Will the Investigation Take?
In most criminal cases under BNS, the investigation must be completed and chargesheet filed within 60 days for summons cases and 90 days for warrant cases (Section 193 BNSS). If the chargesheet is not filed within this period, the accused may be entitled to default bail under Section 183 BNSS. In this case, the chargesheet was filed within 75 days, which is standard.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. The offence under Section 115 BNS is compoundable with the court's permission. If the parties reach a genuine settlement — usually through a notarised compromise deed — they can approach the High Court with a joint application for quashing of the FIR. The court will verify the settlement's voluntariness and, if satisfied, quash the proceedings. This is far faster than litigating on merits. Mediation or Lok Adalat can also be used for pre-litigation cases. However, if the offence involves a serious injury or public interest, the court may refuse to quash even after a settlement.
Common Mistakes People Make
- Delaying legal action: The longer you wait, the harder it becomes to get a favourable quashing order. Evidence can fade, and witnesses may become unavailable.
- Engaging a lawyer without domain-specific experience: A general practitioner may not know the specific procedural timelines for defect clearance, listing norms, or the best strategy for settlement-based quashing. Domain experience directly affects how quickly and effectively your case moves.
- Posting about the case on social media: Any public statement can be used by the opposing party to show that the accused is not remorseful or that the settlement is not genuine.
- Signing documents without reading them: Do not sign a settlement deed or any court document without your lawyer's review. One wrong word can affect the case irreversibly.
- Speaking to the police without a lawyer: Your statements can be used against you. Always have counsel present during questioning.
- Ignoring registry defects: If your lawyer does not clear defects on time, the case will not be listed, and you lose precious months.
FAQs People Normally Have
Can an FIR be quashed after chargesheet is filed?
Yes. The High Court can quash an FIR even after the chargesheet is filed, as long as the grounds for quashing exist (no prima facie case, abuse of process, or compromise between parties).
Is quashing automatic if the parties have settled?
No. The court must independently verify that the settlement is genuine, voluntary, and that the offence is compoundable. For non-compoundable offences, the court may refuse to quash even if the parties settle.
What is the success rate of quashing petitions?
There is no fixed percentage. Success depends on the facts — cases based on clear abuse of process or genuine compromises have a high chance; cases where there is strong prima facie evidence of a serious crime are unlikely to succeed.
Can I get bail while the quashing petition is pending?
Yes. The court may grant regular bail or anticipatory bail while the quashing petition is pending, especially if the accused has no criminal record and the offence does not attract minimum mandatory imprisonment.
How do I know if my lawyer has cleared the registry defects?
You can check the case status on the High Court's website using the case number or diary number. If defects are pending, the status will show "defects not cleared" or similar language. A proactive lawyer will update you on this.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.