• Quashing is a legal remedy through which a High Court may set aside or terminate criminal proceedings when continuing them would be unjust, legally unsustainable, or an abuse of the process of law.

  • In India, quashing of criminal proceedings is generally sought before the High Court under its inherent jurisdiction. Following the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the relevant provision is Section 528 BNSS. Older cases and legal references may refer to Section 482 of the Code of Criminal Procedure (CrPC).

  • Quashing proceedings involve the exercise of the High Court's discretionary and inherent jurisdiction. A lawyer can assess whether the facts disclose a legally sustainable ground for quashing, identify the appropriate legal remedy, prepare the petition and supporting documents, and represent the matter before the Court.

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Disclaimer: This information is provided for general awareness and should not be treated as legal advice. The rights and remedies available in an individual case depend on its specific facts and the applicable law.