Hello,
It can be settled before they initiate investigation.
Regards
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
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please help me ...
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.
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 Once Police registers a FIR for a cognizable offence, THEN it cannot be withdrawn /cancelled without the permission of the district magistrate /SP /CP.
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.
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.
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.
The fir has been lodged. It cannot be deleted or struck off. If you have compromised then a solution can be found.
You can file an application in the court for compounding the offence and the fir can be removed. Engage a lawyer.
Dear Sir,
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
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.
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.
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.
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.
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.
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.
No, FIR once filed cannot be cancelled. It needs to be quashed before HC by mutual consent in your case
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.
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
- 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 .
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
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.
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.
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.
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.
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
You can get it cancelled through court of law. Police cannot cancel.
Regards
G.Rajaganapathy
High Court of Madras
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.
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.