It is possible for the complainant to take back his FIR?

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  • #4949

    Anonymous
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    If a person gave his complaint to the police station and an FIR has been registered on the basis of such complaint, how can he take back his FIR from the police station?

  • #4992

    Once the FIR has been filed and has been registered by police, it is not possible for the complainant to take back the FIR. But, there are other ways to nullify the effect of FIR in certain cases.

    For example, if the offence for which the FIR is registered is compoundable (as specified in Section 320 of the Criminal Procedure Code), then the case can be compromised with or with the permission of the court, as the case may be, as laid down in Section 320 of Cr.P.C. Once the offence has been so compromised, the accused person is deemed to have been acquitted of the offence.

    Secondly, even in some of those cases which are non-compoundable, the case can be quashed by the High Court under Section 482 of the Cr.P.C. on the basis of the compromise between the parties (however, it is not permitted in serious cases and certain other cases where corruption or public money is involved).

    Thirdly, if it is found during the investigation of the FIR that sufficient evidence is not available to prove the case or that the offence is not made out or that a false complaint was given, the police officer investigating the FIR has the power to close the investigation and file a closure report in the court. This way too the FIR can be put to an end, and the complainant can try to convince the police officer in this direction if he is not interested to pursue the case.

    Fourthly, in certain cases, the Public Prosecutor has the power to withdraw the prosecution under the provisions of Section 321 of the Cr.P.C.

    Fifthly, if during trial, there is no evidence the accused can be acquitted. If the complainant does not give evidence against the accused during the trial, the accused has a better chance of acquittal.

     

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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