What is the procedure for canceling any FIR
09-Jul-2023 (In Motor Accident Law)
What is the procedure of cancellation of F.I.R.? I lodged a FIR against a uber driver for damaging my bike in a accident due to his careless driving.Now, I want to cancel that FIR because I don't want to do any further legal proceedings against him.
if you do not want to take any action against that driver than you go to investigation officer in police station and give him in writing that you do not want any action against the driver. otherwise you take some witness and tell that he is not that person. proceeding will be dropped
1) FIR can not be withdrawn.
2) the better option is to get it quashed from the concerned High Court in view of the compromise arrived at between the disputing parties.
3)However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard and fast category can be prescribed
2) the better option is to get it quashed from the concerned High Court in view of the compromise arrived at between the disputing parties.
3)However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard and fast category can be prescribed
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.
Connect with top Motor Accident lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Accident caused - victim underwent treatment for 2 months and died.
- Summoned by Court by court In accident case and false accusations
- Summoned by Court by court In accident case and false accusations
- Pre mature closure of MACT fixed deposit
- IPC SEC 279,337 and 338 have been imposed on me for no fault of mine
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."