For seeking quashing of an FIR (First Information Report) and consequential proceedings, a Writ Petition under Article 32 of the Constitution can be directly filed in the Supreme Court, observed the Supreme Court in Rajendra Bihari Lal v. State of U.P. [2025 INSC 1249].
Law does not recognise registration of a second FIR pertaining to the same offence. The Second FIR, even if registered, cannot be treated as an FIR under the scheme of law. Any information furnished to the Station House Officer after registration of an FIR on the same incident constitute a statement covered by Section 162 of the Code of Criminal Procedure, 1973 (CrPC).
A petition to quash the FIR can be filed even after filing the Police Report under section 172 (2) CrPC. The materials submitted with the Police Report can be considered before the Court deciding the quashing of FIR.
