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How to cancel fir and it's procedure
14-Jun-2024 (In Criminal Law)
If a Magistrate directs investigation under Section 156(3) (or under the BNSS investigation provisions), the police must register and investigate; police cannot unilaterally "cancel" an FIR but may file a final/closure report on completion of investigation (BNSS "176, 178, 190'193). [https://www.mha.gov.in/sites/default/files/2024-04/250884_2_english_01042024.pdf] If the Magistrate accepts the police closure report he may drop proceedings or, alternatively, order further investigation; an aggrieved informant can file a protest petition before the Magistrate seeking further probe or lodge a private complaint, and if still dissatisfied may approach the High Court (quash/revision/writ), subject to the safeguards laid down by the Supreme Court (see Lalita Kumari v. Govt. of U.P. on mandatory FIR registration) and the narrow grounds for quashing described in State of Haryana v. Bhajan Lal; the High Court's inherent power is preserved in BNSS '528. [https://indiankanoon.org/doc/61439929/] [https://sooperkanoon.com/case/644480/state-haryana-vs-bhajan-lal] [https://www.mha.gov.in/sites/default/files/2024-04/250884_2_english_01042024.pdf]. For the new criminal laws see the official BNS, BNSS and BSA texts. [https://www.mha.gov.in/en/commoncontent/new-criminal-laws] [https://www.mha.gov.in/sites/default/files/2024-04/250883_english_01042024.pdf] [https://www.mha.gov.in/sites/default/files/2024-04/250882_english_01042024_0.pdf] [https://www.drishtijudiciary.com/to-the-point/bharatiya-nagarik-suraksha-sanhita-%26-code-of-criminal-procedure/protest-petition]
An FIR (First Information Report), once registered, cannot be cancelled or withdrawn online or directly by the complainant at the police station. It becomes a legal document, and only a court has the authority to quash it, especially in the case of cognizable offenses (more serious crimes). While a complainant can submit a written request for cancellation at the same police station, the police may still proceed with the investigation if they find merit in the allegations. For compoundable offenses (less serious ones), a mutual compromise may allow the case to be settled and closed, but it still requires court approval. The most definitive way to cancel an FIR is by filing a quashing petition in the High Court, particularly when both parties agree or when there's no evidence supporting the case.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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Adv. Umesh Gandhi
Adv. Umesh Gandhi
Hisar | 25+ Answers
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Adv. Mohd Sharif
Adv. Mohd Sharif
Nuh | 25+ Answers
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Below is the process to close or quash an FIR:
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You can submit an affidavit if the case is at the investigation stage only and the charge sheet is not submitted. Then the police can submit a final report/closure report. However, if the police refuse to do so, mutual quashing is possible from the High Court.
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You can file for mutual quashing of the FIR in the High Court. You can file an application under Section 156(3) CrPCÂ (now section 175(3) of BNSS) before the learned Magistrate concerned. If he finds your complaint discloses a cognizable offence, he would order police investigation and FIR.
Adv. Sandeep Rai
Adv. Sandeep Rai
Gurgaon / Gurugram | 25+ Answers
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There are two remedies available to you:
First, the police can file a closure report or cancellation report to the court stating that they found no prima facie case after investigation, upon which the complainant can file a protest petition.
Second, you can file a quashing petition under Section 482 Cr.P.C (now section 528 of BNSS)Â for quashing the FIR.
Adv. Tushar Pahwa
Adv. Tushar Pahwa
Rohtak | 25+ Answers
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Under Section 156(3) (now section 175(3) of BNSS), an application is moved to the Magistrate when the police are not filing an FIR. In 156(3) (now section 175(3) of BNSS), the Magistrate instructs the concerned police station to inquire into the matter and file the FIR accordingly.
First, join the investigation with the police.
Second, move an application in the concerned High Court for quashing the FIR filed against you, with proper proof and documents.
Adv. Anita Sharma
Adv. Anita Sharma
Ambala | 25+ Answers
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