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Arjun (SS)     12 June 2025

Can an fir be withdrawn with an affidavit and dsp approval?

Last month, my wife filed a false FIR under Section 3(5), 85-BNS, 3, 4-DPA to extort money from me. Later, the matter was settled outside, and they agreed to withdraw the FIR.


They have shared an affidavit with us in which the girl states that she had filed a false case against me and is now requesting the police to allow her to withdraw it. According to my lawyer, the police have acted on this request and withdrawn the case. He mentioned that the DSP has approved the withdrawal and that a confirmation letter has been issued, though he has not shared a copy of this letter with us.

My lawyer is now advising that I can proceed with exchanging items, signing the divorce papers, and handing over half the agreed-upon amount in the form of a Demand Draft (DD). 

I have a few concerns and questions:

  • Is it legally possible to cancel an FIR if the complainant submits an affidavit stating it was false and the DSP approves it?
  • When I checked the FIR status on the official portal (citizen.appolice.gov.in), it still shows "Under Investigation". Does this mean the case has not been officially closed, or could it just be a delay in updating the system?
  • Is it safe to provide half the settlement amount via DD at the time of signing the divorce papers? I would prefer to do this during the first court hearing, but my lawyer insists it can be done now.

Lastly, when I ask these questions, my lawyer does not provide clear answers and simply reassures me that “nothing will happen” and that he will take care of everything. I’m unsure if this is the right approach and would appreciate a more transparent explanation. Is my lawyer's advice reliable in this situation?



 8 Replies

Manohar Muthusamy   13 June 2025

FIR  can be  canceled  or  quashed  only  by court  based on merits 

An apology  letter  and police  officer  recommendation  will not  work .

It is  better to file  a petition  to quash the  FIR based on the  letter, if you have  a copy luckily 

1 Like

T. Kalaiselvan, Advocate (Advocate)     13 June 2025

The police cannot withdraw the FIR.

They can file a closure report before court if there's a compromise between parties but again if the offences are non compoundable then the police may not do that also without proper investigation report to file closure report.

Your lawyer seems not advising properly.

You may change the lawyer to be safe about protecting your interests.

1 Like

Vishwa Bhushan Arya (Service)     13 June 2025

FIR cannot be cancelled or withdrawan by an affidavit from complainant and approval by DSP.

OPTION 1:  The Investigating officer may complete the investigation with report that there are no evidence to the complaint which report, the final report, has to be filed with the magistrate and the magistrate alone will close the FIR.

OPTION 2: However if investigation are completed. and charge sheet has been filed. then FIR can be quashed only by orders of High Court.

 

1 Like

P. Venu (Advocate)     13 June 2025

Yes, you need to wait till the Police completes the invetigation and files report before the Court.

1 Like

Advocate Bhartesh goyal (advocate)     13 June 2025

Once  FIR is registered, it cannot be withdrawn or cancelled  by police, FIR can only be quashed by H.C under sec 482 Cr.P.C or under sec 528 of BNSS, police can submit FR if on basis of investigation. 

T. Kalaiselvan, Advocate (Advocate)     13 June 2025

A FIR cannot be withdrawn solely on the advice of a District Superintendent of Police (DSP)The decision to withdraw an FIR, even if the investigation has revealed no offense, ultimately rests with the Magistrate after the completion of the police investigation and the submission of the final report. 

While the DSP may provide advice and guidance to the investigating officer, the police cannot unilaterally withdraw an FIR, especially if the offense is serious or there is a strong case against the accused.

Your advocate seems to misguide you.

After completing the investigation, the police officer must submit a final report under Section 173(2) of the Code of Criminal Procedure (CrPC) to the Magistrate. 

This report includes the facts and conclusions drawn from the investigation. 

Dropping proceedings by the Magistrate is considered a cancellation of the FIR. This often happens when the investigating officer files reports such as FRT, FRMF, FRML, or FRNC. 

However, if a charge sheet is filed against the accused, there is no dropping of proceedings or presumed cancellation of the FIR. 

Your advocate seems not to be interested to take care of your interests in this case hence you may better terminate his services and engage a new lawyer

 

1 Like

R.K Nanda (Advocate)     13 June 2025

No is the reply to your question. 

Dr. J C Vashista (Advocate )     13 June 2025

Very well analysed, opined and advised by learned senior experts, which I endorse and appreciate their acumen.

Once FIR is registered it can be quashed by concerned High Court, none else. However, police (not to speak of a DSP even IG or Commissioner) has no power.

If you have settled the case, file a petition for mututal consent divorce enclosing settlement / compromise deed, which should include that alimony shall be paid in 3 equal installments in the Court through DD viz; on first motion (recording statement of both parties) second installment at the time of recording statement of parties in their second motion and third and last installment at the time of quashig of FIR.  


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