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Daljeet Singh (Assistant Professor )     17 May 2017

How to cancel an fir

An FIR have been registered against me anf my friend under IPC 323/341/427/511 recently. The FIR is still in the police station. The complinent is agreed to withdraw the complaint now. Can this FIR be cancelled in the police station ? or we have to wait untill it goes to court. One more question, can we go to lok adalat fot compromise, at this stage for quashing the FIR ? Kindly guide me what is the right poecedure.



 3 Replies


you must go to quash the FIR....there is no provision to cancel the FIR

SOLOMON.RAJ (advocate/director)     18 May 2017

Dear Mr. Daljeet Singh,

                                       The best remedy is if the complainant is willing to withdraw the case ,  the complainant should convey the same before the concerned jurisdictional court and ask the court to refer it to the Lok Adalat so that the court will givea particular date and refer it to the Lok adalat and there by it can be settled and with drawn through the Lok Adalat.

Where in the Lok adalat court after admitting your case which has been refrred from the magisterial courts will adjourn it to a particular date and will take the declarations ( format to be filled) and then pass an order of compromise there by you will be acquitted.  

You can also request the courts to refer it to the either the Megam Lok Adalats( which are held on specific dates all over the nation on the same day ) Or to National Lok adalat which is held once a year.

oThe second best remedy would be if the above sections in the FIR are non compoundable which cannot be compounded as per the table prescribed ( you need to refer to the table Under section 320 of CRPC)  rhis table under section 320 of the criminal procedure court prescribes compundable offences where in it has been clearly prescribed as to who is the person who can compund the above case ( withdraw) if some offences are compoundable and some are non-compoundable, in such an event you need to approach the Hon'ble High Court   under section 482 (The inherent powers of the High Court ) seeking compunding where in both the complainant and the accused should be mandatorily present before the court, The High Court taking the opinion of the complainant may discharge/compound the accused from such offences.


Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.
Vice Chairman, 37th U.C.C. ( T.S.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh). 




Daljeet Singh (Assistant Professor )     18 May 2017

Thanks a lot Solomon Raj sir and Rekha Budhiraja ji for your valuable advice.

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