A petition to quash an FIR asks the High Court to stop a criminal case at the start, on the footing that no case is made out or that the process is being misused. The advocate's fee depends on what is alleged, how far the investigation has gone, how many accused and how many FIRs are involved, and whether the State or the complainant contests the petition. A quote given before the FIR and the surrounding papers have been read is not a quote.
Where and under what power the petition is filed
The petition is filed in the High Court of Calcutta. The power invoked is the High Court's inherent power under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, which replaced the earlier provision, section 482 of the Code of Criminal Procedure 1973. In some matters a petition under Article 226 of the Constitution is also filed. The categories of cases in which the court will interfere at this stage were identified by the Supreme Court in State of Haryana v. Bhajan Lal, and they remain the framework advocates work with. Our FIR quashing practice handles petitions, interim protection and the hearings that follow.
The grounds on which the court is persuaded to interfere at this stage are well established:
- The FIR, taken at its highest, discloses no offence at all.
- The dispute is essentially civil, dressed up as a crime.
- The allegations are vague, general, or aimed at a list of relatives with no specific act attributed to each.
- The complaint is an afterthought, brought long after the events, to pressure the other side.
- The proceedings are an abuse of the process of the court.
- The parties have settled, where the offence is one the law permits to be compounded.
How advocates charge for a quashing petition
- A fixed fee for drafting and filing. Preparing the petition, the grounds and the affidavit, and filing with the annexures, is defined work.
- A stage fee for admission. The first hearing, where the court may issue notice or grant protection, is often billed as its own stage.
- A per-hearing appearance fee. Each subsequent effective hearing is billed per date, because criminal lists are heavy and matters are adjourned.
- A further fee if the other side files a counter. Answering a detailed counter-affidavit from the State or the complainant is separate work.
A paid consultation is where the FIR and the charge sheet, if any, are read and the realistic grounds are identified. Our published consultation and appearance fees are on our pricing page.
What the fee does not cover
- court fees and process fees payable to the High Court, set by the rules in force;
- certified copies of the FIR, the charge sheet and the statements recorded during investigation;
- notarisation of the affidavit and any translation required;
- travel to a district court or to Delhi if the matter is carried further;
- the fee of a senior advocate, if one is engaged to argue;
- the costs of any separate application or bail matter that becomes necessary in the same case.
What drives the cost up or down
- The seriousness of the alleged offence. Petitions concerning grave offences are contested far more strongly than those concerning minor ones.
- How many accused are named. A joint petition for several accused costs more to prepare than one for a single petitioner.
- How many FIRs. Connected FIRs may be challenged together, or may need separate petitions.
- Whether an interim stay or protection is sought, which adds urgency and often an early hearing.
- Whether the complainant is represented. A complainant with his own advocate and a detailed counter doubles the hearings.
- The stage. Whether the investigation is open or a charge sheet has already been filed changes the grounds and the work.
Questions to ask before you engage an advocate
- On these papers, is there a ground the High Court is likely to consider, or is bail the more realistic step?
- Has a charge sheet been filed, and does that change the petition?
- Is the fee for filing only, or does it cover the hearings that follow?
- What happens to my cost if the court issues notice and the matter is listed repeatedly?
- Can an interim protection be asked for at the first hearing?
- If the petition is dismissed, what are the options and the cost of each?
- What documents do you need, and can I get certified copies from the police station or the court?
Our published fees
We quote after reading the FIR and the record, because the grounds and the work follow from them. Our published consultation and appearance fees are set out on our pricing page, and our FIR quashing service explains the process from petition to hearing. To have an FIR assessed, contact us.
Can an FIR be quashed after the charge sheet is filed?
Yes. The power under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 can be invoked at any stage, including after a charge sheet. The grounds and the record change once the charge sheet is on file, so the petition is framed differently, and the cost of preparing it reflects that.
Is there a time limit for filing a quashing petition?
No fixed period is prescribed for invoking the High Court's inherent power. That does not make delay harmless: the court weighs how long you waited and why, and a prompt petition is easier to argue than one filed years later.
Will the police case be stayed while the petition is heard?
Whether investigation or proceedings are stayed depends on the orders the court passes in your case, and no advocate can promise that a stay will be granted. What can be asked for, and when, should be explained after the court reads the petition.
Can I file the petition myself?
You can file a petition as a party in person, though it must be drafted in the court's format and supported by an affidavit. In practice the risk is that a petition which misses the recognised grounds, or fails to annex the key documents, is dismissed at the admission stage, which is harder to correct later.