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How can I withdraw the FIR
13-Apr-2023 (In Criminal Law)
I have filed an FIR on my husband for harresmemt and dowry. I wanted to withdraw the case but again my husband hit me and I called the police immediately they kept him for 24hrs after which my husband is behaving properly with me .. but the case will go to court , police adviced me to compromise in court and Subita a affidavit in court and withdraw the case , as this will be documented for future .. kindly advice me on this
From the facts you have narrated, it could be a case to withdraw the FIR. It means that the police after investigation have to submit the report to the court. Then the case would be considered as Criminal Case. Thereafter you can withdraw the case by filing affidavit. If the trial court does not admit your affidavit and permit you to withdraw the case, you can approach the High Court under Writ Jurisdiction.
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Adv. Chandraiah
Bangalore | 100+ Answers
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Is there any way to cancel FIR?
The Criminal Procedure Code does not contain any provisions for cancellation of a FIR.
How can I withdraw my case from court?
Section 257 requires the consent of the Court to withdraw the complaint. The prosecution will not stop immediately after the complainant withdraws the complaint. The Court must issue an absolution order, which is. Order of absolution from the offence. 4 May 2023
Can you take back an FIR?
If the FIR has been quashed by the high court for being a false file, and you have the support of the complainant, the FIR cant be withdrawn. The FIR will be quashed by the high court. The FIR can be quashed, but withdrawal is not allowed.
How do I withdraw my FIR application?
Once a FIR is filed, it cannot be withdrawn. The Police (Law Enforcement), who have the power to dispose of a complaint, can convert it into a charge sheet or issue a "B" report. A court can also dismiss it. 19 Nov 2020
Once you register an FIR it becomes an offence against State and therefore you can't withdraw it. Options before you are (1) to co-operate with your husband in quashing the FIR before High Court or (2) you should become hostile before the court. It is always better to opt for first option because if your husband is a real crook he can take advantage of your second option and take legal action against you.
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Adv. Narendra MN
Bangalore | 100+ Answers
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One a charge sheet is filed you have no option to file affidavit and withdraw the case as it is the prosecution which is complainant and not the individual. Though there is proposal to make this section compoundable, it is not yet done. You have other option to get your husband out of this case. contact me.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Before the judge, you must file a withdrawal petition and affidavit, in which it is stated that you do not object if the accused person realizes the outcome of the case. The compliment must be made and the accused person present at the hearing.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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Nikhil
If section are compoundable, go to LOK ADALAT
V D Kaplay
Nice explanation
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