Wapas the FIR from police station what is the procedure

975 votes

To withdraw or quash an FIR before 15 days of remand, the procedure depends on the nature of the offence: 1. If the offence is compoundable (like hurt, defamation, etc.): You can file a compounding petition before the Magistrate Court under Section 320 CrPC - 359 BNSS with the consent of the complainant. If both parties agree, the court can allow compounding, and the FIR will be closed. 2. If the offence is non-compoundable (like cheating, criminal breach of trust, etc.): You must approach the High Court under Section 482 CrPC - 528 CrPC for quashing the FIR, especially if both parties have settled the matter. File a quash petition along with an affidavit from the complainant. 3. Before Remand or Arrest: You can also file an anticipatory bail to avoid arrest. During this time, initiate mediation or settlement to strengthen your case for FIR closure. We can assist you in drafting the petition and represent you legally. Contact: Rajendra Law Office LLP – (Adv. Arjun Saravanan) for expert help.

Advocate Arjun S LawRato

936 votes

In general, a First Information Report (FIR) is not easily withdrawn once registered, as the state takes over the responsibility of prosecuting the accused. While a complainant can request the police to withdraw or amend the FIR, the police are not obligated to do so, especially for serious offenses, and may proceed with the case. The complainant can also file a petition with the court to quash the FIR, which the court may consider, especially if there's a compromise or insufficient evidence.

Advocate Prabu S LawRato