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can fir be withdrawn by complainant ?


03-Jun-2024 (In Criminal Law)
I have filed an FIR against my husband for harassment and dowry. I wanted to withdraw the case, but again my husband hit me, and I called the police immediately. They kept him in custody for 24 hours, after which he is now behaving properly. However, the case will go to court. The police advised me to compromise in court, submit an affidavit, and withdraw the case, as this will be documented for the future. Kindly advise me on this—can FIR be withdrawn by complainant?
Answers (2)

Answer #1
926 votes
Once you register an FIR, it becomes an offence against the State, and therefore, FIR can be withdrawn only under specific legal provisions. Your options are:
  1. Can the FIR be withdrawn before the chargesheet? If the chargesheet has not been filed, you and your husband can approach the High Court for quashing the FIR by mutual consent.
  2. If the chargesheet has been filed, then you can either become hostile before the court or opt for legal remedies. However, becoming hostile might lead to complications, so quashing the FIR through the High Court is a safer option.
It is always better to go for the first option, as if your husband is not trustworthy, he may later misuse your statements.
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Advocate Narendra MN

Adv. Narendra MN

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Answer #2
858 votes
Once a chargesheet is filed, the complainant has no option to file an affidavit and withdraw the case, as the prosecution takes over the matter. While there is a proposal to make certain sections compoundable, it is not yet legally implemented. If you are wondering can complainant withdraw FIR, the answer depends on the stage of the case.

However, there are other legal ways to help your husband get relief from the case. Can FIR be withdrawn before chargesheet? Yes, through legal settlement and High Court quashing. If you need further guidance, you can contact me.
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

LawRatoBangalore / Bengaluru | 1000+ Answers
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