LawRato

Can an FIR Be Withdrawn with an Affidavit and DSP Approval?


12-Jun-2025 (In Divorce Law)
Last month my wife filed a false FIR under Section 3(5), 85-BNS, 3, 4-DPA. The matter is settled outside & they agreed to withdraw the FIR. They have shared an affidavit which she states that she had filed a false case & now wants to withdraw it. They are saying that police have acted on this request & withdrawn the case. Also mentioned that DSP has approved the withdrawal and that a confirmation letter has been issued. Can an FIR be withdrawn by submitting an affidavit and with DSP's approval?
Answers (1)

Answer #1
883 votes
While an affidavit and DSPs approval are crucial steps . Withdrawal of an FIR , especially under serious sections, generally requires court intervention . If the matter is settled outside and there is a genuine affidavit from the complainant the court may consider quashing the FIR. Visit the trial court and check the case status . Immediately consult a lawyer to file a counter affidavit + closer application. Do not assume the case is closed without a counter order . If the police are misrepresenting the case status , this could be a tactic to avoid scrutiny of a malicious FIR .
Helpful? LawRato LawRato
Advocate Pavani Kumari

Adv. Pavani Kumari

LawRato Guntur | 400+ Answers
Chat with Advocate Pavani Kumari Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato