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shivanagouda patil   24 July 2020

FIR Withdrawal

What is the procedure for FIR withdrawal by complainant?


Quick Summary
If you've filed an FIR and wish to withdraw it, the procedure depends on whether a chargesheet has been filed. Before chargesheet submission, you can write a letter to the Station Head Officer. If the police are unwilling to withdraw, you may need to involve the accused in seeking a court quashing of the complaint. Once a chargesheet is filed, withdrawing an FIR becomes more complex, often requiring a negative police report, magistrate permission, or a compromise before the Legal Services Authority or High Court.

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     24 July 2020

Originally posted by : shivanagouda patil
What is the procedure for FIR withdrawal by complainant?

 

1. Once a Police FIR is duly registered, THEN the same can be withdrawn by Police only AFTER due investigation and by filing negative Police Report and taking permission of the local Magistrate.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

2 Like

P. Venu (Advocate)     25 July 2020

Why is that FIR is proposed to be withdrawn?

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     25 July 2020

what is the case and what are the sections involved. If the sections of law are compoundable it can be referred to lok adalat for the compromise or can go to high court for quashing the  Fir. Only a complaint can be withdrawn from the police station.

Dr J C Vashista (Advocate)     26 July 2020

If FIR has been lodged it requires to be compromised before Legal Services Authority or move petition u/s 482 CrPC before High Court for quashing,

However, it can not be withdrawn by complainant, now it is a State case. 


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