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Sumeet Sud (SLR)     09 August 2009

Can a FIR be withdrawn

 A person goes to the police station to register an FIR against someone who has cheated him, but thereafter the two settle there differences. Can the first person withdraw his FIR?



 13 Replies

A V Vishal (Advocate)     09 August 2009

FIR registered at the Police Station cannot be withdrawn by the complainant.

1 Like

V.V.RAMDAS (Advocate)     09 August 2009

Dear friend ,

Mr Vishal correct. The complainant or the informant can not withdraw his F.IR,   If the FIR  is registered  it will turn to a  case  and a case can be  withdrawn by the concerned government through Public Prosecutor only. If the offence is compoundable than it can be compromised after it comes to the court.

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 August 2009

 The person gave complaint is Defacto complainant. His duty is to inform the offence/crime to the knowledge of the Polica.

After lodging complaint, Police takes cognicence over the same and the Complainantant is Inspector of Police..

After numbering of complaint, defacto complainant is a witness for the case of the Police

Apurva Kumar (Practicing Lawyer)     10 August 2009

police after initial inquiry will submit the final form in which will not named the accused person therein stating the reason and may also write the same thing while investigating and writing the daily diary ok and later at the time of taking cognizance party may file a mere application of compromise stating the reason ok!!!!!!

Apurva Kr!

Legal Fighter (Advocate)     10 August 2009

my friends are correct.

Parveen Goyal (Advocate)     10 August 2009

dear friend,all the above replies are correct, the provision regarding this is given in police mannuals  .like in punjab, its given under punjab police rules 1934, rule 24.7

G. ARAVINTHAN (Legal Consultant / Solicitor)     11 August 2009

 If the offence is a compoundable one, then it can be done. 

v.sreenivas sivaram (senior civil judge CUM ADMINISTRATIVE OFFICER)     11 August 2009

yes if the offence is registered only u/sec.420 IPC it can be withdrawn as provided under sec.320 cr.pc. which deals with the compounding of offences. unless the nature of offences are mentioned it is not possible to reply further.

Anil Kumar Verma (Advocate New Delhi email - kumar.anilverma@gmail.com)     11 September 2009

 V.Sreenivas Sivaram( judge Sahab) has replied correct.

As Apurva said rightly Police can file his final report with noting the reason for the settlements between the parties. If the police has already filed the chargesheet in that case Parties can go to the High Court for quashing the FIR u/s. 482 Cr.P.C. as sttlement has been arrived.  

Sankhaneel Baruah (Advocate)     28 January 2010

For Common Man Understanding.....

A registered FIR cannot be withdrawn...as it has taken the shape of a Case...however the applicabilty sections under which the Case shall be chargesheeted can be looked into...there are 2 types of offences - compoundable and non-compoundable offences...compoundable offences are lesser degree crimes and for such offences - where the complaint is ready to withdraw the charges, the same can be petitioned before the court and the court may allow the setllement of the case without trial...

in non-compundable charges which are crimes of serious nature, the court may be approached for compounding the charges...but in few serious crimes, trial shall however be held. In such cases if the complainant and the accused wants to settle - 2 options remain - File and application for Quashing of the FIR in a High Court  AND the second is the complaint turning as a "hostile witness"

Ankit Saha (CEO)     01 February 2015

Sir, if the offence is non compundable (sections 467,468, 471, 506) and the parties want to compromise, can we use quashing route to close the matters? In this case, chargesheet is filed and stayed by high court under 482)

thanks

Ankit

Shahizar Khan   31 July 2016

hello everyone,

I'd like to raise a question to you all, for which i'm seeking answer as soon as possible.

I used to work with an NGO, during my working period there was a theft in the night(working days). Next day when i reached to my workplace, i found such things has occured in the night, on the spot we went to Police station and lodged an FIR. it's been 1 year and 2 months, i've not been able to go to Court but my co-worker went and nothing has happened, as they have given us next date(because judge was absent). Now, i'm recieving summon after every 2 or 3 months, and one thing more i left my job last year in November, due to study pressure.

Now, can you please suggest me what i should do in this case, as i dont want to roam around the court evry now and then. As their(police) visit can affet my image at the place where i live, coz i live here on rent.

I'll be seeking your responses!
Shahizar Khan.

 

adv.bharat @ PUNE (Lawyer)     31 July 2016

Agreed with the opinion of expert.


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