Quashing to annul or set aside. In law, a motion to quash asks the judge for an order setting aside or nullifying an action, such as "quashing" service of a summons when the wrong person was served. The settled law is that for quashing a criminal proceeding it must come under any of the following categories:
(1) where facts are so preposterous that even on admitted no criminal case stands against the accused;
(2) where the institution and continuation of the impugned proceeding amounts to an abuse of the process of the Court;
(3) where there is a legal bar against the initiation and continuation of the proceeding;
(4) where the allegations in the F.I.R. or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute any offence and
(5) where there is no legal evidence adduced in the case or the evidence adduced clearly and manifestly fails to sustain the charge. The Code of Criminal Procedure, 1898 (v of 1898), Section 561A. ….. [All Akkas vs. Enayet Hossain and others, 17BLD (AD) 44]
A criminal proceeding can not be quashed when there is a prima facie case against the accused. The Code of Criminal Procedure, 1898 (v of 1898), Section 561A. ….. [Md. Arifur Rahman alias Bablu vs. Shantosh Kumar Sadhu and another, 14 BLD (AD) 78]