How to withdraw a case of a missing person
12-Apr-2023 (In Criminal Law)
Hello, I am a recent b.tech graduate. I went from my home for one and a half months. In between I didn't contacted to my parents. So being unsure this incident my parents lodged a missing or kidnapping report to the local police station. So for that police took this FIR under IPC 155/18. So after returning me and my father had to go with the medical examination and court procedures of 164 cr.pc. So my question is, is this case falls under this IPC? if not then in which IPC it falls in? is the case could be finished by simply withdrawing the FIR when I am saying I have done that by my own without any others influence or the medical examination and court procedures were necessary for it? and I want to know that, is it necessary for this case to file an FIR or a GD?
Ask your father to write a letter stating facts that he has found you and missing person and you are the same person and ask him to write why did you go away and hence he is withdrawing the same over a letter and a joint photograph of both of you to be given together
Can a FIR be taken back?
Fir is not revocable. For a fir that was registered as a private complaint, compromising can be made. You can compromise if the law allows it. Before court.
Can police cancel FIR in India?
The police can cancel an FIR at their discretion, but they must follow certain procedures and conditions. Police can cancel an FIR if they believe there are valid grounds for doing so, like a complaint that is based on false or misunderstood information.
How can I withdraw my FIR in India?
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 presented on the day of the hearing, and the accused party must also be in attendance. 24-Aug-2023
How an FIR is removed?
Once fir has been registered, it cannot be changed or deleted. Only the High Court or Supreme Court can do so. If there are some contents missing, or the complainant did not notify at the time of filing, he may record an additional statement.
Section 155 of IPC provides the liability of person for whose benefit riot is committed. It provides that whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land, respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same. Hence the same section may not be applicable to you. Your father and you should file a case for quashing before the Hon'ble High Court and our Calcutta High Court quashed many such matters hence don't worry. If it is quashed, the case shall be closed once for all. All the best. Regards
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