• How to cancel FIR in the absence of the accused

During the Arbitral Tribunal proceeding against the trading member, I had filed a police case alleging criminal conspiracy etc. I got an order from the Magistrate court based on which the Police registered FIR under section 120B/409/465/467/471/474/477A/201 and 420 of the IPC. The police had asked me to submit bunch of documents as evidence to proceed with their investigation, but I could not due to pandemic. They have now sent a 2nd letter asking to cooperate. Meanwhile, the Tribunal ruled in my favor and awarded the loss. The Appellate Tribunal, the Court and then High Court rejected the appeal filed by the trading member challenging the award. Honestly, after two years of grueling fight, I do not want to have any more round of courts etc. But, how to cancel the FIR ? My Lawyer said, the FIR can be cancelled in the same Magistrate court only in the presence of both the parties. In that case, I have to wait until the Police calls the opposite party to record the statement and they come forward requesting me to quash the FIR. But, I do not want to hang around with a live case. If there is any other way to cancel the FIR ? I do not want to take a hit anywhere that I am misusing the Law. If I do not cooperate with the Police, then they will file a case against me !
Asked 3 years ago in Criminal Law
Religion: Hindu

4 answers received in 30 minutes.

Lawyers are available now to answer your questions.

29 Answers

If FIR is registered then it's your boybden duty to cooperate into the investigation. 

To do this you don't need to visit the court. 

Now the offence charge against are non commendable and cognizable. Hence Police is bot bound to close investigation.

In such event with your consent the accused persons can get the FIR quashed from High Court. 

So Act accordingly. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

I have read minutely the facts of your case.

All charges are cognizable offenses and warrant triable criminal case against your opponent.

You may appoint an Advocate for quashing of FIR for your opponent giving no objection for quashing the proceeding due to out side settlements between you and trading member. 

It is well settled law and Apex Court has held to keep away piling of cases before trial Court ,it is call of natural justice to quash FIR against the accused with the consent of the Complainant. 

It is possible now by video Conferencing before Kolkata High Court for quashing Criminal charges against the accused under section 482 of Cr. P.C.1973 for restraining the abuse of power and process of law.

Magistrate Court may take long time until completion of the Charge sheet filed against trading member. 

High Court proceedings will be better and speedy for you.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

You cnanot withdraw the FIR 

 

2) once FIR is filed police will conduct investigations and file charge sheet or closure report 

 

3) accused can file for quashing in HC and you can submit consent affidavit 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Dear sir,

Once FIR is lodged, it is the duty of police to investigate into the offence and file the police report. It is also your duty to take part in investigation and other proceedings before the court. If you stop attending the proceedings, the police or court may compel you to appear before them. 

The only way to quash the FIR is to approach the High Court under section 482 of Cr.P.C. stating that the parties have settled the dispute and the criminal proceedings will only result into abuse of process of law. 

Please note, it is not certain that HC will quash it. It will look into the nature of offence, whether  it was of private nature or public, what documents were forged etc and then decide. 

However, usually in such cases, the HC exercises it jurisdiction to quash the FIR if none of the parties are having objection to it. 

Best wishes. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

There is no need to apply for quash of FIR. Just provide copy of order to investigation officer and request closer of FIR as cause of action is over and you have recovered the dispute amount by order of court.

Non corporation may also be the reason to close FIR by police but better option is submit copy of order and record the statement with police with same effect.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

No they wil not file a case against you. In the absence of any evidence they will file a report stating that the accused is not guilty.

The same magistrate cannot quash the fir. You have to go to the high court and in presence of both the parties the court will quash it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

FIR cannot be withdrawn even in the absence of the Accused. After registration of the FIR, the police takes oer and investigates the case and file either the challan or closure report. 

The only remedy that you have now is to file a quashing petition in your State's High Court under Section 482 Cr.P.C. The affidavit of the accused stating the compromise between the parties can be filed with the petition showing the intention of the accused to not proceed in the wake of the compromise between the parties. attach the copy of the written compromise as well. 

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

5.0 on 5.0

- Mostly section of the FIR are .Non-cognizable and Non-compoundable., and hence cannot be withdraw from the court of magistrate.

- Further , I.O. of the case is bound to file charge sheet before the court after investigation of the same.

- Hence, you should co-operate with the I.O. , otherwise, it may cause in more delay. 

-  You should instruct to the accused of the case to file a quashing petition under section 482 of CrPc before the court for cancelling the FIR on the ground of awarding the loss in your favour . 

- This quashing petition will not take much time once it is filed before the court. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

1. See sine now other party paid you, you may ask then to file a consent quashing before the high court you may give consent for quashing and the court may pass order on first or second date quashing the FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can't withdraw the FIR you can at the most compound the offense if it's compoundable with the accused being presence of also can quash the same. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Ask the accused to file a quashing petition in high court by attaching your consent 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You cannot play with the law at your whims and fancies.

Since you have already approached court with a petition under section 156(3) Cr.p.c. seeking direction to police for registering FIR under the said sections of IPC and the police also have registered FIR, it cannot be cancelled now due to your own reason.

In fact the awards granted by the tribunal is totally different case to that of the criminal case, because this deals with punitive action against the accused.

If you do not cooperate with police then they may file a report stating that this is a false complaint and would even seek court direction to take legal action against you for wasting the precious time of court and police  by making such false complaints. 

in the police case you need not attend the court on each and every date of hearing.

You can visit court only to depose evidence as prosecution witness and for cross examination.

After that you need not bother about the case proceedings, the police will prosecute the case and the court would pass the judgment accordingly. 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1. There is no provision in law which grants any right to the complainant to seek cancellation of FIR.

2. The only remedy is to file a petition for quashing of FIR on the basis of compromise in the High Court. Both you and accused have to be joint petitioners in the petition.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

Being the responsible and law abiding citizen of the nation, you are expected to cooperate in investigation and hand over the documents to the police. Also, when the FIR is registered, it is not your headache or personal case, rather it is state case now and the quashing of the said FIR can be filed by the opposite party (accused persons). You are also not required to pursue the case personally and your presence will be for only a few hearings. So, nothing to think about quashing from your end.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

you can submit affidavit If the case is on investigation stage only and chargesheet is not submitted then the police can submit final report /closure report

you can file for mutual quashing of FIR in the High Court.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. The FIR has been registered by then police and all most all the ections put therein are non compoundable.

 

2. So, you can not withdraw your complaint and FIR can not be just cancelled by the complainant when it hs already reached the Court.

 

3. You c write to then police that due to Covid19 you are unable to submit the evidence as asked by them for which police will not file any case against you.

 

4. Ask the accused to get one affidavit executed by you affirming that you have already settled the dispute with nthe accused against whom you had lodged the police complaint under rage.

 

5. Thereafter the said accused can file a petition u/s482 of Cr.P.C. before the high Court praying foprn quashing the  FIR based on your said affidavit.

 

6. During the hearing of the quash petition you shall have to be present at the Court and confirm that you have executed the said affidavit on your own will, if asked by the judge.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Statement submitted before tribunal can be use against the accused but subject to cross examination.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

You can rely upon statements made by accused before the Tribunal 

 

you can during cross confront accused with said statement 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

No discussion of evidence while going for quashing of FIR.

Simple Affidavit for the settlement of case outside the Court.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

The criminal case proceedings are different to that of the tribunal proceedings 

The criminal case shall be tried on its own strength. 

There's no necessity for the interference of the tribunal proceedings with the criminal trial. 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1. Criminal case and the case filed before the Tribunal are different cases.

 

2. Criminal Court has no jurisdiction to scrutinise the evidence filed before the Tribunal/

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

No there will be no challenge. 

Evidences of one case cannot be used in another case

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

As you are the complainant it can be withdrawn only if you are present but would suggest you to serve the copy beforehand to the opposite party and inform them about the date of hearing  

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Yes you can. No it will not subject to challenge or scrutiny

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

The trial court will consider the evidence afresh. Also the defence shall be granted to cross examine prosecution witness.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You may do that if you want to pursue the criminal case.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

For cancellation of FIR the accused party must file quashing petition in High court and you need to give statement in his favour that the case is decided by arbitration and you don't want to proceed further with FIR.

Second way is that Police submit report in favour of accused and clear him from the case.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

You will have all kinds of leverages and they will have the points that you have got the relief in the Arbitration proceedings. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

- The criminal court is not bound to consider the proceedings of the Tribunal , as the accused has to prove his case in his evidence in the criminal proceedings. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer