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Adv Deepak Joshi +917017821512 (Advocate)     04 June 2020

Dear Querist,

 

Post complete material facts ?

 

Regards

Adv Deepak Joshi

9456777600

Dibsha Nanda   04 June 2020

Hello Sir

From what I can gather from your query is that you want to know whether a FIR can be taken back/ revoked by the informant after registration.

An FIR after being registered cannot be taken back but there are ways to negate the effect of the FIR.

1. If the offence committed is non-compoundable under Section 320, CrPC, an application for quashing of FIR u/s 482 CrPC can be filed in the High Court when a compromise is reached between the parties.

You may refer to this article to understand the procedure for filing a quashing application under Section 482 CrPC: https://www.lawyersclubindia.com/articles/quashing-fir-post-filing-10203.asp

2. If the offence is compoundable, it can be compromised according to the procedure under Section 320, CrPC.

3. If there is insufficient evidence against the accused and the case is not made out, the investigating officer may end the investigation and file a closure report in the Court. The person who lodged the FIR may try to convince the investigating officer that he/she is not interested in pursuing with the Complaint.

I hope this solves your query.

Regards, 

Dibsha Nanda.

 

 

1 Like

Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.)     05 June 2020


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