{Balu manikantan} SUBRAMANYAM (Practising Advocate) 15 October 2020

Withdrawal of fir before filing charge sheet

A false FIR has been Registered against a person with all compoundable sections of IPC. Now the complainant wants to Withdraw the FIR. Police are not co-operating for the withdrawal. And the alleged accused does not want to settle the case in Lok adalat as he has to admit his guilt to compromise. Is there any procedure other than quashing of FIR.

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Quick Summary

If a false FIR has been registered with only compoundable sections, but the police are refusing to cooperate with the complainant's wish to withdraw it, there are still options. Since the case becomes a state matter once an FIR is filed, the complainant cannot unilaterally withdraw it. However, the accused can approach the High Court under Section 482 of the CrPC to have the FIR quashed, ideally with the complainant's assistance.

3 Replies

Dr J C Vashista (Advocate) 15 October 2020

Once FIR is registered the case becomes state case, where the complainant can not withdraw.

However, the accused may approach concerned High Court u/s 482 CrPC for quashing, with the cooperation /help of complainant.

P. Venu (Advocate) 15 October 2020

As a practicing advocate, you have the professional obligation to ensure the complaint is proceeded against in terms of provisions Section 208 IPC:

"Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both;

and if such criminal proceeding be instituted on a false charge of an offence punishable with death imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine."

{Balu manikantan} SUBRAMANYAM (Practising Advocate) 15 October 2020

The alleged accused and the complainant wants to put an end to all further proceedings.

Authenticity of the Allegations in the complaint will be known only after thorough enquiry by the police which takes much time and creates agony among the families of the complainant and the alleged accused. so i have expected some remedy from the senior experts at this juncture.