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If someone has a complaint to the police and an FIR is done, if they want to
return back and close the case and who they charge is unfortunately not
present, can the case be closed?
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4 Answers Best
Lakshmanan PR, former Officer-in-charge, Disciplinary Action Cell, at State Bank of Mysore
(1986-1990)
Answered Feb 27, 2018
The complainant has the right to withdraw the complaint even after filing of FIR and presence of the
accused is not necessary for that purpose. Just give a written representation to the police authorities
withdrawing the complaint quoting valid reason/s and there ends the matter.
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Ajay
1 Kumar, Partner at Yeswecan.ind.in (2016-present)
Answered Feb 28, 2018
The complainant can not withdraw his FIR or close the . If the FIR is registered, the police take over the
case, investigates the case and file chargesheet.
The case can be closed by the State ( who represents the Complainant in the case) through Public
Prosecutor only. If the offence is compoundable than it can be compromised after it comes to the court.
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once the fir is done nobody can take it back . police will investigate the case ..
1. if the complaint and facts filed with police found true police will file chargesheet or A report
against accused to court
2. during investigation if the complaint and facts found false police will file false report or B report
to court
3. during investigation the facts proved but accused is not found police file C report to court
4. some of the cases are compoudable in court .. for eg :- small petty cases, motor vehicles cases,
theft cases , low magnitude hurt cases , in these cases complainant and accused can make
compromises before court of law
How do I cancel an FIR, and do I have to pay for its cancellation? If so, then to whom, the police or
the court?
42,848 Views
Absolutely.
No need of the accused to be present. The complainant can directly ask the police to withdraw complaint
before registering FIR or even after registering FIR (to issue B report) or by giving Sworn Statement before
magistrate.
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How do I cancel an FIR, and do I have to pay for its cancellation? If so, then to whom, the police or
the court?
Ajay Kumar, Partner at Yeswecan.ind.in (2016-present)
Answered Oct 18, 2018
The cancellation of FIR does not lie in your hands. For cancellation of FIR, either the enforcement agency (
police) has to move an application before the concerned Court seeking cancellation of FIR, stating the
grounds for cancellation. The judge will appreciate the application and on merits will tak… Read More
There is no provision in law for withdrawal of an FIR. However, there are two ways you can neutralse it.
First, you may file a statement with the police, preferably sworn, about a mistake of fact and they may
close the case and send a Final report. Alternatively, you may request the court to quash i… Read More
1. No police can not close Fir. After lodging fir police use to investigate the matter n if find some truth in
allegations may go ahead n after completion of investigation file Chargesheet in court 2. If no evidence
come in support of allegations or find false fir is lodged may file it's report may call as… Read More
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What if a false FIR is lodged against you and the police are biased in listening to your case?
Instead, lodged FIR later by the accused on you without any proof and just gave a NCR for the
complaint you did first though you have the evidence?
Shayak Chakraborty, Advocate practicing Criminal law
Answered Dec 16, 2017
If you have made a complaint to the police, always insist on having a copy of the complaint endorsed by
the police station. If they refuse to do so, mail them a copy of the complaint and keep the postal receipt
and track report with you. If the police station officers do not act on your complaint, wr… Read More
Is it necessary for police to take some action for a registered FIR with them? Or they can just close
the case without taking any action?
Ashok Dhamija, Supreme Court Advocate, New Delhi
Answered Mar 8, 2019 · Upvoted by Siddharth Pathak, B.A.LL.B. Law, Hemvati Nandan Bahuguna Garhwal University,
Uttarakhand, India (2015)
In every case where an FIR has been registered by police, investigation is required to be conducted.
However, law permits police to refuse investigation in certain situations even after an FIR is registered, but
let me point out at the outset itself that such power of refusal of investigation is alm… Read More
You have not clarified nature of your complaint. There are two types of Police complaints. One is NC
Complaint that means a complaint of non-cognizable nature wherein the Police have no powers to
investigate it. Such NC complaints are for abuse, normal threats, assault with fist blows and quarrels
Reade…More
If one has an FIR registered in one's name & the investigation is in process. will it affect the police
verification of passport?
Shabaaz Solanki, I have experiences to share...
Answered Aug 2, 2017
To the best of my knowledge having a FIR in your name shouldn't cause a problem in passport verification
but if the case falls under a non cognizable section and the cops have filed a police case and forwarded
the case to the Judicial Magistrate and the Ld Judge has directed the cops to conduct an i… Read More
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