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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.

Hope I could throw some light.


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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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Manjunath Gowda, lived in Shivmogga


2 1
Answered Feb 28, 2018

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

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Kanthaswamy Balasubramaniam, LawyerOpen in App


2
Answered Feb 27, 2018

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.
2K views · View 2 upvotes

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Related Questions & Answers

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

Can I withdraw a police complaint after FIR has been lodged?


Nand Kumar Singh, former Director General at Indian Police Service (1963-1997)
Answered Jan 3, 2018

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

Can police close FIR?


Rakesh Gandhi, Practice in laws with Dr Rakesh Gandhi & Associates Since 97
Updated Dec 26, 2017

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

What is difference between FIR and complaint?


Shashidhar Nanjundiah, Company Director at Bengaluru, Karnataka, India
Updated Nov 21, 2018
Originally Answered: What is the difference between a normal complaint and the FIR?
FIR is a First Information Report. It relates only to cognizable (criminal) offences. On the other hand, police
complaint can be cognizable or non-cognizable offences. FIR and Police complaint are two different terms
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Ramchandra Yannam, Former Govt Official. And Corporate AVP at Self-Employed 2007 Till
Present (2008-present)
Answered Jul 9, 2019

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
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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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