1) boy friend has to apply for quashing in the HC

2) the complainant can file her consent affidavit that she has no objections for FIR to be quashed

3) the court will not press any charges against her

4) contact local lawyer and file for quashing at the earliest

If she is ready to compromise , you can talk to the IO .. He has power to send the FIR for cancellation to senior official, if during investigation no offence is found..no allegations shall be put in her.. Try to settle it before the Filing of chargesheet ..

Hi, Once the police has register the case and she has no power to withdraw the case.

2. Request the Police to file B- Report and if the police is not agree for the same then she has to hostile before the court at the time of evidence.

3. She can't file petition under 482 before the Hon'ble High Court for quashing the FIR, which she is the complainant her self.

I'm afraid you can take back the FIR because offences under section 354 and 452 are not compoundable. Having said that, you can still enter into a compromise with the opposite party through aid of the District mediation center. Once that is done, arrive at a settlement Deed. On the basis of this settlement Deed, the boyfriend can approach the High Court under section 482 CRPC seeking quashment of the FIR and Criminal Proceedings. The court will Grant you the necessary relief.

Hello,

No she can not file a petition for quashing of the FIR, the person against whom the FIR has been filed will have to file a petition for quashing the FIR. Thereupon, she may put in her appearance and then may tell the court that she is ready for settlement.

Regards

Hello there,

Opinion:

Generally, once a FIR has been filed it cannot be withdrawn. The solution in such a scenario would be to apply for quashing of FIR under section 482 of Cr.P.C. before the High Court on the ground that a joint compromise and settlement has been entered into. The same should also be stated (before filing an application to quash the FIR) to the police station where the FIR was lodged so that it can be mentioned in the final report which is submitted to the Magistrate (reference can be placed upon the Police Manual of various states). It should be noted with respect to quashing of FIR, that it is usually permissible in cases where compounding has been carried out.

Another option that rests with the person who has lodged the FIR i.e. de-facto complainant is to file a compromise petition under section 320 of Cr.P.C. with respect to compounding of offence which amounts to acquittal of the accused with whom the offence has been compounded. However, although section 354 of Cr.P,C is not compoundable, the Supreme Court has laid down in the case of BS Joshi and Ors. v. State of Haryana and Anr. [ (2003) 4 SCC 675] that it is justifiable to exercise powers under section 482 of Cr.PC. to quash the proceedings in order to secure the ends of justice owing to the special facts and circumstances of the case, even where the offences were non-compoundable. Further, in the case of Gain Singh vs. State of Punjab [ (2012) 10 SCC 303], the Supreme Court has laid down the difference between quashing of offence/criminal proceedings on the ground of settlement between an offender and the victim, and that as a result of compounding of offences. The Honb’le Court stated that, “They are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a Court under section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of Criminal Court is circumscribed by the provisions contained in section 320 and the Court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or indictment.” Further, the Supreme Court has held in the case of India vs. Bhajan Lal [AIR (1992) SC 604] that the High Court in exercise of its inherent powers can quash criminal proceedings/ FIR/criminal complaint and that Section 320 of the Code does not limit or affect the powers under Section 482 of the Code. This view has only been substantiated in the case of Nikhil Merchant vs. Central Bureau of Investigation & Anr. [(2008) 9 SCC 677], wherein it was held that “technicality should not be allowed to stand in the way in the quashing of the criminal proceedings, since, in our view, the continuance of the same after the compromise arrived at between the parties would be a futile exercise.”

Another resort available is that the Public Prosecutor/Assistant PP in charge of a case may, with the consent of the Court, apply for withdrawal. This measure can be taken at any time before the judgement is pronounced and is available in cases where such withdrawal is made before a charge has been framed as well as in those cases where the withdrawal is made after a charge has been framed.

Keeping in view the facts as enunciated by you, it is advisable to opt for quashing of FIR under section 482 of Cr.P.C upon joint petition filed by both the parties wherein mutual decision of settlement/compromise should be brought to the notice of the Court. The Court in such cases orders for quashing of FIR upon mediation/conciliation wherein the join settlement terms are finalized between the parties.

Hope the above information was of assistance. Feel free to contact/e-mail anytime in case of further query.

Regards

1. The complaint cannot be withdrawn at this moment .

2. She cannot file any petition to quash the FIR, it is the accused who can go for quashing the FIR, in that she will be another respondent besides, police.

She can file an affidavit before the high court supporting the quash petition mentioning that a compromise has been arrived between them.

However, such a compromise, should be a "Bonafide," and not for any consideration to which the complainant is not entitled to.

3. She is not entitled to apply for quash, only he can do it. However she can apply for compounding the offences in the trial court.

Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused.

If the offences mentioned in the FIR are not compoundable then he can file a petition before high court under section 482 cr.p.c.; for invoking the inherent powers of high court in this regard. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.