• Can the complainant withdraw/quash an FIR?

I had previously posted a question on this site regarding an FIR filed by my friend against her ex-boyfriend under the section 354 (A). However, now given the fact that this will take an extremely long time and she does not want any false hope in her mind, she has decided to withdraw it. My question, therefore, is:

1) The chargesheet has not yet been filed. So is there any procedure to withdraw the FIR?
2) Her ex's family filed a petition for quashing of FIR on 5th of Feb. The judge has asked for an investigation report from the police and given the next date of hearing on 26th april. 
3) If there is no procedure to withdraw the FIR, can she file for quashing directly in the high court? If yes, then on what basis? Will it get clubbed with the accused's petition?

Thanks
Asked 10 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) FIR can not be withdrawn.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)In Gian Singh Vs. State of Punjab & Anr., JT 2012 (9) SC 426, it was held:

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
Ajay Sethi
Advocate, Mumbai
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.
ORDER 

Aarti Katiyar  
Vs. 
State of Raj. 
S. B. Cr.  MISC. PETITION  NO. 3463/2013.
under Section 482 Cr.P.C. for quashing of FIR No. 239/2013 registered at Police Station Chandwaji Distt. Jaipur for offences under Section 354A, 354D and 370 IPC. 

Date of Order      : 	 14th November, 2013.

HON'BLE MRS. JUSTICE NISHA GUPTA

(relevant extracts of judgment) 

On the allegations and assertions stated by the petitioner, the First Information Report has been registered and investigation is proceeding and when the petitioner has put the criminal administration of justice in motion, it is not the wish or the whim of the present petitioner to carry or not to carry the prosecution, she has no power or domain to withdraw the FIR only the State is the master of the prosecution and the Public Prosecutor is the incharge of the case, hence the present petitioner has no adverse effect on continuance of the FIR and she is still asserting the allegations alleged in the FIR and statement under Section 164 Cr.P.C., and no factum of compromise has been placed on record. Offence under which the FIR has been lodged and investigated are Section 354A, 354D and 370 etc. which are grave and sexual offence. Petitioner has no locus standi to withdraw the First Information Report.In the light of the above, this petition is misconceived and is liable to be rejected, hence dismissed.
						(NISHA GUPTA),J.
Gandhi/ s/152
Ajay Sethi
Advocate, Mumbai
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1. Yes, she can submit petition for withdrawal of complaint with the local police on which basis the police can close the case.
2. Since quashing is filed in high court, the lady can appear in high court and file affidaivt not to prosecute the case anymore. it is permissible and the high court can quash the case in her consent.
Devajyoti Barman
Advocate, Kolkata
5157 Answers
54 Consultations
4.9 on 5.0
The accused has already moved the HC for quashing of FIR, so let the HC decide now. She cannot move the HC for quashing as she is not the accused. Quashing of FIR is a remedy available to the accused person. Police can record your statement and inform the HC that you do not wish to continue the case. 
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
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he can withdraw it under section 245 crpc. there is clear provision and magistrate is empowered to discharge all the accused. 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
1) both parties should jointly file for quashing on basis of settlement arrived at . 

2) consent terms arrived at should form part of the petition 

3) what grounds has accused filed for quashing ? please clarify 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
1) if allegations made in FIR do not make out a case against accused court may quash the FIR 

2) court may direct accused to face trial  after going through allegations made in complaint , statement of the complainant , investigation report 

3) if settlement had been arrived at the settlement should be placed on record and then HC would quash the complaint 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
Hi, as per law you can also enter into a compromise so  the trial court can compound the offence.

2. So the matter is settled the amicably so the police will not prosecute the matter further.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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Yes, your friend can withdraw the complaint or implead herself in the petition filed by the opposite party in high court and seek withdrawal

Case for Reference : Delhi High Court, Lokesh vs State, Nct Of Delhi & Anr on 24 July, 2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI
 Judgment delivered on: 24th July, 2015
+ CRL.M.C. No.2914/2015
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
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1. The charge u/s 354A of IPC is not compoundable. So, it can not be withdrawn by the complainant,

2. However, she can submit an affidavit before the police stating that she had lodged the said complaint out of rage which did not occur and on receipt of the said affidavit, the IO can submit a favourable report in this regard,

3. On receipt of favourable IO report and also the said affifavit of your friend, her BF can get the FIR quashed from the High Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. The accused shall have to submit the said affidavit of your friend to the High Court on the next date of hearing and in the mean time the IO's report should be persuaded to be submitted,

2. Your friend also should be present at the court for the Judge's questioning, if he so desires,

3. After seeing the affidavit affirmed by your friend, the Hudge is likely to quash the FIR.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. Your friend can not file the petition to quash the FIR she herself has filed u/s 354A of IPC which is non compoundable,

2. So, the accused shall have to file the quash petition which he has already done and your friend shall have to second him with the said affidavit.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Quashing has already been filed. During the pendency pf quashing another petition for quashing cannot be filed. The accused can withdraw his quashing and thereafter a settlement agreement can be drawn up on the basis of which the accused can again file for quashing. 
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
I repeat that your friend cannot file for quashing on her own accord as she is not an accused.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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Dear Querist
as per section 354(A) of IPC the complainant has right to settled the matter amicably with the accused as per section 320 of Cr.P.C. and there is no need for any quashing.
wait till the charge sheet or apply for Lok Adalat/Mediation and settled the matter amicably.

The Trial court have power to disposed off the case/finish the case.

For quashing it will be better to settled the matter between the parties and based on that settlement the quashing can be filed before High Court.
as the accused already had filed the quashing petition then if there is no written settlement then execute a settlement with the complainant and produce before High Court the high Court has also power to quash the FIR
Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1) The charge sheet has not yet been filed. So is there any procedure to withdraw the FIR?

Offence is NOT listed under Compoundable Offences.  Hence if FIR is registered, you may have to wait for the charge sheet to be filed in the court, and during trial she can turn hostile to case and can depose a hostile evidence.



 . 2) Her ex's family filed a petition for quashing of FIR on 5th of Feb. The judge has asked for an investigation report from the police and given the next date of hearing on 26th april. 
If the other side has file petition to quash the FIR, she can give her NOC to the proceedings, by which the FIR can be quashed instead of trying to withdraw the complaint at this stage which is not possible. 



3) If there is no procedure to withdraw the FIR, can she file for quashing directly in the high court? If yes, then on what basis? Will it get clubbed with the accused's petition?
She is the defacto complainant in the case, she need not apply for quashing of FIR.  It is the accused who shall go for quashing.  She cannot apply for quashing. It shall fall on the police to refer the charge sheet before court and get it dismissed in view of the hostile activity of the defacto complainant.  
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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what is the procedure for filing for quashing in the high court? Do both parties need to present a settlement agreement along with the petition? Also, like I mentioned the accused has already filed for quashing. How will that have an impact?
Once there is a compromise between both the parties, the respondent, i.e., the defacto complainant in the case, shall submit a memo stating that she has no objection for the court to quash the FIR and allow the petition filed by the petitioner.   She may appear before court and express her views and also file the memo stating that she has no objection to the petition filed by the petition seeking to quash the FIR in view of the out of court settlement/compromise. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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Well the grounds are of course to prove that the series of events do not add upto to 354 (A)..they have claimed that the relationship was mutual. 

So if my friend wants to file for quashing, will she have to file it along with the accused? meaning they will file it again?

Your friend as a complainant shall lodg a complaint with the police, who after receiving the complaint investigate and register FIR and then file a charge sheet.  since this offence is not compoundable, she cannot withdraw the complaint neither she can apply for quashing of FIR because she is the defacto complainant, only accused can approach court for quashing.  The police may put up a note before the trial court that the complainant refers to a compromise situation and not pressing on the charges and also the investigation reveals that the dispute has been resolved among themselves, it is recommended to close the complaint and disposed accordingly.  
So she need not go for quashing of the same separately.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0

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