How to withdraw fir from police station ?
17-Jul-2024 (In Criminal Law)
No, a complainant cannot unilaterally 'withdraw-an FIR at the police station so as to extinguish investigation; the police must either complete investigation and (if they find no evidence) file a closure report under the Bharatiya Nagarik Suraksha Sanhita (BNSS) (see closure report/chargesheet procedure, BNSS "189,193), or the Public Prosecutor may move to withdraw from prosecution with the court's consent under BNSS '360; quashing an FIR (to stop further proceedings) is an extraordinary remedy exercised by a High Court under its inherent power preserved by BNSS '528 (the old Section 482 CrPC principles), and the Supreme Court's landmark guidelines in State of Haryana v. Bhajan Lal remain authoritative on when courts may quash FIRs. Procedure in short: (1) police investigation -if no case, police files closure report (magistrate may accept/seek further probe) [https://www.legalbites.in/bharatiya-nagarik-suraksha-sanhita/procedure-under-bnss-to-be-followed-after-completion-of-investigation-1110858]; (2) prosecutor may seek court consent to withdraw prosecution under BNSS '360 (victim to be heard; central'case restrictions apply) [https://www.myjudix.com/post/section-360-bnss-to-section-364-bnss-section-361-bnss-section-362-bnss-section-363-bnss]; (3) accused may seek quashing of FIR in High Court under BNSS '528 in exceptional cases'see State of Haryana v. Bhajan Lal (Supreme Court) on limits and grounds for quashing [https://indiankanoon.org/doc/1558396/]; (4) recent High Court practice confirms a complainant seeking to withdraw/quash must approach the court (example: Vikas Singh v. State of Manipur). [https://www.latestlaws.com/judgements/manipur-high-court/2025/september/2025-latest-caselaw-606-mani] Note: the new criminal statutes BNS/BNSS/BSA came into force from 1 July 2024; those provisions now govern FIR/withdrawal/quashing. [https://ddnews.gov.in/en/new-criminal-laws-come-into-effect-ipc-crpc-indian-evidence-act-will-be-replaced-from-today/]
Once an FIR is registered, it cannot be withdrawn before the charge sheet is filed. However, if both parties agree, they can file an application for compromise in court. If the offense is triable by a Sessions Court, the application for quashing of the FIR should be moved before the High Court under Section 482 of the CrPC (now 528 of BNSS).
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