How To Cancel FIR And What Is The Procedure

612 votes

You can get the FIR cancelled under Sec 482 of CRPC. Cancellation of FIR & Criminal Proceedings is called as Quashing of FIR & Criminal Proceedings. Quashing can be done before or after the filing of Chargesheet.

Quashing/Cancellation of FIR can be done on grounds like -

1. If the accused has been falsely implicated.
2. If the Criminal Case against the accused has its origin in a Civil Case & as such, to get rid of that particular Civil Case lodged by the accused initially, this Criminal Case has been filed against the former Petitioner (today's accused) in the Civil Case.

Advocate Pankaj Bajaj LawRato

143 votes

1. FIR Cancellation by Police:
   • FIR cancellation is generally at the discretion of the police, and it is subject to certain conditions and procedures.
   • The police can consider FIR cancellation if they are convinced that there are valid reasons to do so, such as the complaint being based on false information or a misunderstanding.
2. Procedure for FIR Cancellation:
   • To initiate the process of FIR cancellation, you or your legal representative will need to visit the police station where the FIR was filed.
   • Submit a written application requesting the cancellation of the FIR. In the application, provide detailed reasons and evidence supporting your request.
   • The police will review the application and conduct an investigation if necessary to determine the validity of the request.
   • If the police are satisfied that there are sufficient grounds for FIR cancellation, they may proceed with the cancellation.
3. Online FIR Cancellation:
   • Some states in India have introduced online FIR cancellation procedures to simplify the process.
   • If online FIR cancellation is available in your jurisdiction, you can typically visit the official police website and follow the prescribed steps to apply for cancellation.
4. Legal Counsel:
   • It is advisable to consult with legal counsel when pursuing FIR cancellation, especially if the case involves complex legal issues.
   • A lawyer can guide you through the process, help you prepare a strong application, and represent your interests effectively.
5. Cancellation of FIR vs. Quashing of FIR:
   • It's important to note that FIR cancellation is different from quashing of an FIR, which is typically a matter for the courts. FIR cancellation is within the authority of the police, while FIR quashing requires court intervention.

In summary, FIR cancellation is a process that can be initiated by visiting the relevant police station and submitting a written application with valid reasons and evidence. Online FIR cancellation may also be available in certain jurisdictions. Legal counsel can provide guidance on navigating the process effectively. It's essential to distinguish between FIR cancellation by the police and FIR quashing, which is a matter for the courts.

Advocate Chikirsha Mohanty LawRato

194 votes

The police cannot cancel a FIR once it has been filed. After investigation, they either file a report to the court closing the case because no evidence was found, or the parties (i.e. the complainant and the accused) will go to the high court for the FIR to be quashed.

Advocate Chikirsha Mohanty LawRato