Withdrawal of FIR from police station, what are the procedures?

945 votes

you have to file a withdraw petition along with affidavit to withdraw the complaint. where must be stated you have no objection if the accused person realise from the case. before the judge. the compliment and the accused person must be present on that day of hereing.

Advocate Sourav Mukherjee LawRato

564 votes

Dear Client,
if the section which was given is compoundable then
you can give another compaint before the Investigating officer reagarding the withdraw of the case and also you can file a compromise petition along with put up before the concerned court depends on the seriousness of the complaint.

Advocate Priya Chakraborty LawRato

360 votes

Withdrawing a First Information Report (FIR) from a police station is a legal process that involves several steps. Here's how you can withdraw an FIR and the relevant information from the provided source:

1. Consult an Attorney: If you wish to withdraw an FIR, it's essential to consult a criminal defense attorney. They will guide you through the legal process.
2. Assess the Validity: Discuss the reasons for wanting to withdraw the FIR with your attorney. They will evaluate the validity of your request and advise you accordingly.
3. Prepare an Application: If your attorney determines that there are valid grounds for withdrawal, they will help you prepare an application for FIR withdrawal. This application must state the reasons for withdrawal and be signed by you.
4. Affidavit: In addition to the application, you may need to submit an affidavit stating that you have no objection to the FIR's withdrawal. This affidavit is a legal document confirming your consent.
5. Submit to Police: The application and affidavit should be submitted to the police station where the FIR was originally filed. The police will review your request.
6. Police Investigation: The police may conduct an investigation to ascertain the authenticity of your request. They will consider factors like the nature of the offense and the consent of other involved parties.
7. Legal Process: If the police find your request valid and there are no objections from other parties involved, they may forward your request to the concerned court for approval.
8. Court Approval: Ultimately, the court will decide whether to grant permission for FIR withdrawal. The court will consider all relevant factors before making a decision.
9. Closure of the Case: If the court grants permission, the FIR will be withdrawn, and the case will be closed.

It's important to note that FIR withdrawal is not always guaranteed, especially in serious criminal cases. The court will make a decision based on the merits of your case and the interests of justice.

Advocate Chikirsha Mohanty LawRato