what Are the steps to withdraw FIR reg

568 votes

there is no provision under the code to withdraw the fir against the accused. in such cases either the affidavit of the compliant has to be filed in the court in respect of compromise or else application under section 320 for compounding the case is to be filed.

Advocate Mayank Sharma LawRato

763 votes

once an FIR is registered, the same cannot be withdrawn. the only option left is, if both the parties agree, they can file an application of compromise together in the court. and if the offence is an offence triable by sessions court, the application should be moved for quashing of fir before the high court under section 482 crpc

Advocate Manav Tanwani LawRato

704 votes

FIR once registered can not be withdrawn but you can go for compromise in court only in the cases which ha compoundable in nature sections which are not compoundable cannot be taken compromised but still party can revert back from his statement in court

Advocate Brij Bhushan Pandit LawRato

354 votes

Withdrawing a First Information Report (FIR) is a complex legal process in India. Here are the key points regarding withdrawing an FIR:

1. No Provision for Withdrawal: There is no direct provision in the Indian legal system for the complainant to unilaterally withdraw an FIR once it has been lodged.
2. Court's Discretion: In certain cases, the court may allow the withdrawal of FIR if both parties (complainant and accused) agree to settle the matter amicably. The court will assess the merit of the request.
3. FIR Quashing: Another option is to approach a higher court, such as the High Court, to quash the FIR. This can be done by filing a quashing petition, and the court will decide whether to quash the FIR based on the circumstances.
4. Affidavit: In some instances, an affidavit may be filed by the complainant expressing a desire not to pursue the case further. However, this alone does not guarantee the withdrawal of the FIR.
5. Compounding of Offense: Certain offenses can be compounded with the permission of the court, which means the parties agree to settle and withdraw the case. This typically applies to non-heinous offenses.
6. Consult Legal Counsel: If you wish to withdraw an FIR, it is advisable to consult a legal expert who can guide you through the appropriate legal process based on the nature of the case.

In summary, withdrawing an FIR in India is not straightforward and is subject to the discretion of the court. It's essential to seek legal advice and follow the appropriate legal procedures if you wish to withdraw an FIR.

Advocate Chikirsha Mohanty LawRato