• Regarding FIR cancellation

Respected Sir...
My name is vinoth...My relative Registered Fir on my family....police said they Filed FIR...after they realized and want to compromise...so is there any posibility to cancel FIR before going to court...with in police station itself.

Thanks and Regards
vinoth kannan.S
Asked 4 years ago in Criminal Law
Religion: Hindu

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31 Answers

Hello,

It can be settled before they initiate investigation.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

See police cannot cancel FIR, police based on investigation can file there report though to cancel FIR based on compromise a quashing petition before high court can be filed.The high court on ground of consent can quash the FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Once Police registers a FIR for a cognizable offence, THEN it cannot be withdrawn /cancelled without the permission of the district magistrate /SP /CP.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Well, if your wife is willing then even at the stage of FIR you can apply for quashing in which your wife by filing affidavit in high court can get the FIR quashed.

2. Another option to make the Police agree to submit Final Report closing the case on the ground of compromise by submitting FRT.

3. Do not panic as your wife will support you and then in one way or the other the case will be put to an end. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1. Your relative has filed a police complaint which has been registered as FIR by the police or it is still in the complaint stage?

 

2. If the police has registered the FIR and bailable sections have been put in the FIR against you and your family members then bail can be availed from tyhe police station and the matter can be compromised.

 

3. If non bailable sections have been put in the said FIR then all the accused shall have to avail anticipatory bail from the trial court and contest the case fittingly.

 

4. If the said sections of IPC put in the FIR are of non compoundable nature then no compromise between the complainant and the accused will be accepted by the Court and the case will proceed as per law. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You shall have to mention as to what are the sections of IPC shown in the said FIR registered by the police to enable us to advice you properly.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

The fir has been lodged. It cannot be deleted or struck off. If you have compromised then a solution can be found.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can file an application in the court for compounding the offence and the fir can be removed. Engage a lawyer.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

  1. Either you file the petition before the High Court for quashing of FIR if you have compromised the matter with the victim/complainant.
  2. If you have arrive at a compromised the matter before the challan has been presented, the complainant can make statement before the police and the police will accordingly submit the cancellation report in the concerned Court.
  3. If the challan has been presented in the Court. And the matter has been compounded, you can move an application for compounding of offence before the concerned Court and the concerned court will record the statement of the complainant and acquit you.
  4. The amount of compensation, you need to pay to the complainant. You can seek the acknowledgment of such payment and the get it recorded in the statement of the complainant before the Government Official or the Court. That will suffice

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

What are allegations made in FIR ?

 

2) police would issue you notice to record your statement 

 

3)if compromise is arrived at police can file closure report in court 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You can file for quashing  FIR in HC based on settlement arrived at between parties

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Dear Sir,

Yes, it is possible provided the offences no so serious. You need discussion if you wish particular solution to resolve your issue The police may record further statement of complainant and witnesses and close down  or file B report saying there is no case against you.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Get a certied copy of FIR from ACJM court in GR section. If you find that the charged sections are non-bailabe then file a petition under section 438 Cr. P.C. in the District Court for anticipatory bail.On the other hand if you want to cancellation of FIR then file a petition under section 482 Cr.P.C. in High Court, but merit is rare to considerable.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Once the police registered FIR on a complaint lodged by the complainant,  the police cannot cancel the FIR.

On the basis of withdrawal of complaint the police can file a closure report before court so that court will decide about the same. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

No, both will have to go to court and get it settled. Only the court can quash the FIR now. It will also have to be seen if the offences that you’ve alleged of committing, are compoundable.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You have an alternative,  I.e., to file a quash petition before high court under section 482 Cr.P.C.

In that the defacto complainant can file an affidavit expressing his  no objection to the quash petition by which high court may consider to quash FIR.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Either police should submit closer report if FIR has filed or if police submit charge sheet than it will quash by court only. 

If charges are serious than high court will only order quash.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

No, FIR once filed cannot be cancelled. It needs to be quashed before HC by mutual consent in your case

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. Yes it is possible if your relatives gives the statement before police that they want to withdraw the complaint as they don't want to proceed against accused due to compromise.

2. Police will submit cancellation report in court but this proceeding will depend on the charges under which the FIR is lodged against you. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Hi

Submit a compromise affidavit along with the application to cancel the FIR to the SP of your area. Only SP can cancel the FIR before going to the court. Otherwise you have to get it quashed from the High COurt.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

- As per law, once the police lodged an FIR on the complaint of any person , then the police cannot cancel the same 

- However , on the settlement of dispute with the complainant , police can file a closure report before the court to close the FIR .

- Otherwise, the High court is only having jurisdiction to cancel/quash the FIR . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

what are the sections included in the FIR?

the cancellation depends upon the contents/sections of the FIR, share copy of the FIR to get a positive revert

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. Your query is lacking even the basic information.

2. What section(s) is the FIR registered under?

3. If the offences are compoundable then it can be compounded, else it can only be quashed by the High Court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

After registration of FIR police is not empowered to cancel the same, rather they may submit the compromise before the court and the court may finaise the case on the basis of compromise. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hi 

Only courts have power to cancel the FIR.

Since  complainant wishes to compromise the matter, both of you can approach the courts and ask for compromise to be filed and FIR be withdrawn. 

Also, police can file a closure report on the FIR , but closure report needs to be approved by the Magistrate. 

So, the best option would be for the parties to approach the court and get the Case settled as compromised. 

Also once Court records the factum of compromise, then there will be no criminal history on the accused and accused will not have any trouble in future for passport applications, employment back ground verification etc.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

If FIR is registered, there is no chance of getting it cancelled at police station. 

Invariably it has to be quashed through court.

However, it depends on the offence under which the FIR is registered i.e., if it is a petty offence, upon recording your statement and the compromise arrived between both the parties, the police will submit report to the Magistrate.

After checking the orders passed by Magistrate on report of police, you can decide as to go for quash / leave it.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Respected sir ...

There are provisions in PPR the Rules for police under which police Bhave power to cancel that FIR and if they don't do then you can approach the High court for quashing of FIR under section 482 of CRPC... court will all the same on basis of compromise..

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

You can get it cancelled through court of law. Police cannot cancel.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

hi, what are the sections? if the section is compoundable then it can be settled in than otherwise quashing of fir from the high court of your state.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Once an FIR is registered it cannot be cancelled even at the request of the complainant himself. It can be cancelled or disposed of only in the manner prescribed in the Law i.e. Criminal Procedure Code

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

pls consult local lawyer along with FIR copy. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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