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: An informal government assurance to drop criminal cases against student protesters doesn’t automatically close the FIR. The public prosecutor must file a formal withdrawal application, and the court must give consent. Until then, the accused remain exposed to arrest and prosecution. A strategic legal push—often through quashing proceedings—can get the matter resolved.
Riya Mehta was a 21-year-old engineering student in Indore when she found herself named in an FIR for rioting and unlawful assembly. The protest, against a controversial university fee hike in late March 2025, had drawn hundreds of students. After a tense standoff, the state government held talks with the Student Action Committee. Ministers assured them that all cases would be withdrawn. But weeks passed. The FIR stayed. No withdrawal application moved.
Riya’s family first consulted a local lawyer who advised waiting. That didn’t help. She then approached the Chamber of Advocate Sudhir Rao in Delhi.
Advocate Sudhir Rao and his office saw the gap immediately. The assurance meant nothing without prosecutorial action. They filed an anticipatory bail application under Section 482 BNSS to shield Riya from arrest. Simultaneously, they moved the High Court under Section 528 BNSS to quash the FIR, citing the government’s own statement and the lack of any violent act by Riya. The court recognized that the charges were thin and that the state’s informal concession revealed the weakness of the case. The FIR was quashed.
That outcome didn’t come from luck. It came from understanding the precise procedural levers that turn an informal promise into a legal win.
Key Facts of the Case
- FIR registered in Indore under Sections 189 (unlawful assembly) and 191 (rioting) of the Bharatiya Nyaya Sanhita, 2023
- Riya Mehta was a participant, not an organizer; no vandalism or injury was attributed to her
- The state government informally assured the Student Action Committee that all pending protest-related FIRs would be withdrawn
- No public document recorded the assurance; the public prosecutor took no steps under Section 359 BNSS
- Riya’s career was at risk—even a pending case could block job opportunities and travel
- The initial legal advice was to wait passively, which would have left her vulnerable indefinitely
- Advocate Sudhir Rao’s office combined anticipatory bail with a quashing petition, forcing a judicial review of the informal assurance
- The High Court quashed the FIR, holding that continued prosecution would be an abuse of process
The Direct Legal Answer
So what really happens to student protest cases after an informal government assurance? Nothing automatic. The prosecution must act. Section 359 BNSS allows the Public Prosecutor to withdraw from a case at any stage with the court’s consent. If the prosecutor refuses to move, the accused can’t compel it.
And here’s the thing: the court isn’t bound by the government’s assurance either. It will examine whether withdrawal serves the ends of justice. If the assurance looks like a political patch-up, the court may reject it.
But there’s another path. The accused can directly challenge the FIR itself. If the charges are weak, exaggerated, or the state’s own conduct shows lack of seriousness, a High Court quashing petition under Section 528 BNSS becomes a powerful tool. That’s what worked here.
Can the police close the case on their own?
No. Once an FIR is registered, the police cannot simply close it because a minister said so. They can file a final report recommending cancellation, but the court must accept it. Without judicial approval, the case lives on.
Does the informal assurance give any legal right to the accused?
Only as a moral and evidentiary point. It strengthens a quashing petition because it shows the state doesn’t view the charges seriously. But it’s not a legal right unless reduced to a formal withdrawal or court order.
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.
Don’t rely on media statements. Get the assurance in writing if possible. Even a press release or a signed minute of the meeting can be valuable. And never assume that a pending FIR is harmless—it can escalate into an arrest warrant without warning.
Protest-related criminal matters involve tricky intersections of public order, police discretion, and political pressure. An advocate who routinely handles such cases will know when to push for quashing, when to seek bail, and how to frame the government’s own statements to the court’s advantage. A general practitioner often misses those angles.
Applicable Sections of Law
- Section 189 BNS: Defines and penalises unlawful assembly — imprisonment up to six months, or fine, or both
- Section 191 BNS: Rioting — imprisonment up to two years, or fine, or both
- Section 359 BNSS: Withdrawal from prosecution — Public Prosecutor may withdraw with consent of the Court
- Section 528 BNSS: Inherent powers of High Court — to quash FIR or proceedings to prevent abuse of process
Punishment and Penalties
Unlawful assembly (Section 189 BNS) is punishable with imprisonment up to six months, fine, or both. Rioting (Section 191 BNS) carries imprisonment up to two years, fine, or both. Both are cognizable offences, meaning police can arrest without a warrant. However, they are bailable—the accused can secure bail as a matter of right from the police station or court. Neither is compoundable without court permission, so compromise between parties alone does not close the case.
Jurisdiction — Where to File the Case
The police station within whose territorial limits the protest occurred has jurisdiction to register and investigate the FIR. The trial will be conducted by the Judicial Magistrate First Class for offences punishable up to three years. For quashing, one must approach the High Court having supervisory jurisdiction over that area. Jurisdiction is critical—filing in the wrong court wastes time and can risk adverse orders.
What if Police Refuse to File FIR?
- If someone is a victim of an offence but police refuse to register an FIR, they can send a written complaint to the Superintendent of Police under Section 173(4) BNSS
- If that fails, filing a private complaint before the Magistrate under Section 175(3) BNSS is the next step
- The Magistrate may order investigation or take cognizance directly
- In extreme cases, a writ petition in the High Court can direct police to register the FIR
Rights of the Accused
- Right against self-incrimination under Article 20(3) of the Constitution — no one can be compelled to be a witness against themselves
- Right to legal representation under Article 22 — an arrestee can consult and be defended by a lawyer of choice
- Right to be produced before a Magistrate within 24 hours of arrest, excluding journey time
- Right to receive a copy of the FIR and to know the grounds of arrest
- Right to bail in bailable offences — bail is a matter of right, not discretion
Bail Provisions
Offences like rioting and unlawful assembly are bailable. The accused can apply for regular bail at the police station or court. But even in bailable cases, anticipatory bail under Section 482 BNSS is a prudent shield—it prevents the trauma of arrest. Advocate Sudhir Rao’s office secured anticipatory bail first, then moved for quashing. That sequence protected Riya from custodial interrogation while the main relief was argued. Bail conditions typically include cooperation with investigation and no tampering with evidence.
Quashing of FIR / Case
Under Section 528 BNSS, the High Court can quash an FIR or criminal proceedings to prevent abuse of the legal process or to secure the ends of justice. Grounds include lack of prima facie offence, manifestly false allegations, or situations where the state’s own conduct renders continued prosecution unjust. Here, the government’s informal assurance showed that the prosecution had lost its legitimacy. Quashing is a high-remedy strategy—it ends the case entirely, no trial, no stigma.
If You Are the Victim
- Gather evidence immediately—photos, videos, and witness statements while memories are fresh
- File a complaint with the police station having jurisdiction, ensuring you get a receipt
- Keep a digital backup of all communications and media reports about any government assurance
- Do not let delays normalize the pending case; a dormant FIR can suddenly turn active
- Approach a lawyer who understands protest-related criminal defence, not a general civil practitioner
Documents You Must Keep Ready
- Aadhaar card or other government ID proof
- Copy of the FIR and any court orders
- Photos or videos from the protest site
- Media reports or social media posts referencing the government assurance
- Any correspondence with the police or student organisations
- Proof of educational enrolment or employment (to show reputational harm)
- List of witnesses who can confirm your non-violent presence
What Evidence Is Required?
- Video footage and photographs showing the accused’s peaceful conduct
- Statements of co-protesters or independent witnesses
- Press releases or minutes of the meeting between government and protest representatives
- Official letters or emails from the public prosecutor’s office (if any)
- Digital evidence like WhatsApp or Telegram group messages organizing the protest
- Call detail records to establish location at the time of alleged rioting
- Affidavits from organisers attesting that the accused did not instigate violence
How the Police Behave in Such Cases
Police typically register an omnibus FIR naming all visible participants under broad sections. Once political pressure builds, they often wait for instructions. If the government informally agrees to withdraw cases, the police may delay filing a chargesheet or seek legal opinion. But that’s not a guarantee. Sometimes, without judicial intervention, they hold the FIR as leverage. Don’t mistake police inaction for closure.
Timeline of Legal Process
- FIR registration — immediate
- Investigation and chargesheet filing — usually 60 to 90 days (can extend for serious offences)
- First court appearance and bail, if required — within days of arrest or on filing of chargesheet
- Arguments on charge — a few months after chargesheet
- Trial — can take 1 to 3 years in a magisterial court
- Quashing petition in High Court — if filed early, can be resolved in 3 to 6 months
- Withdrawal application under Section 359 BNSS — time varies, dependent on prosecutor’s motion and court’s calendar
How Long Will the Investigation Take?
Investigation in bailable protest-related offences typically concludes within 60 days. Police may seek extensions, but courts rarely grant indefinite time without justification. If no chargesheet is filed, the accused can seek default bail. The clock starts running from the date of arrest or first court appearance, not from the date of the assurance.
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?
Criminal offences like rioting and unlawful assembly are not compoundable without court permission. So a private compromise alone won’t end the case. However, if the state moves to withdraw under Section 359 BNSS, it can lead to closure. Mediation before a Lok Adalat can sometimes help parties agree on a settlement that the court considers while permitting withdrawal or quashing. But the state’s role is key. For the accused, a quashing petition on the ground that the dispute has been amicably resolved (if the protest was against a now-settled policy) can be a viable path.
Common Mistakes People Make
- Waiting for the government to act: An informal assurance is not a legal shield. Delays can lead to sudden arrests.
- Not preserving evidence: Protest footage and news reports often disappear fast. Securing them on day one is critical.
- Speaking to police without counsel: Even a casual statement can be twisted to implicate you.
- Posting on social media about the case: It can harm credibility and give police grounds to allege intimidation.
- Engaging a lawyer without domain-specific experience: A lawyer unfamiliar with protest-related criminal matters may not anticipate the strategic value of a quashing petition combined with anticipatory bail, or know how to use the government’s own statements against the prosecution. That gap can cost months of unnecessary stress.
- Assuming a pending FIR won’t affect future: It can block passport renewal, visa approvals, and job verifications even without conviction.
FAQs People Normally Have
Can I travel abroad with a pending FIR for a protest?
It depends. If no lookout notice is issued, you may travel. But many countries ask about criminal proceedings during visa processing. A pending FIR can lead to denial. Quashing the FIR removes this hurdle.
What if the public prosecutor refuses to withdraw the case?
Then the court cannot compel withdrawal. The accused must pursue bail, trial, or quashing through the High Court. The government’s assurance becomes a factual ground to argue that the prosecution lacks merit.
How long does a quashing petition take?
If all documents are in order and the High Court sees a clear abuse of process, it can dispose of the petition in a single hearing—sometimes within three months. Complex matters take longer.
Will this affect my right to protest in the future?
No. Freedom of peaceful assembly is a Fundamental Right. A quashed FIR does not create a criminal record. But repeatedly being named in FIRs can attract adverse judicial notice, so seek legal advice to understand the boundaries of lawful protest.
Is anticipatory bail necessary if the offence is bailable?
Yes, it’s often wise. Police in protest cases sometimes add non-bailable sections later. Anticipatory bail under Section 482 BNSS prevents arrest even if new sections are invoked, giving you breathing room.
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 criminal advocate in Delhi — 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.