Can a FIR be withdrawn from the police station after being filed?

What is the procedure for withdrawing the fIR after filing it ?


Once the FIR has been registered there is no provision in law under which an FIR can be quashed on the basis of the request of the person who fwanted to file the FIR first.

Under section 482 of the criminal procedure code 1973 the court has the power to quash the FIR against the accused filed by you bnut for this both the parties need to be present in the court and explaint to the court thjat a compromise has been reached between the parties and then the court based on the merits of such compromise and facts of the case and can either allow the FIR to be quashed or refuse the request for the same.

If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC.
The burden of proof is on the petitioner to prove that he FIR has been lodged only for malicious reasons and to trouble the petitioner.

In the case of (State of west Bengal and others Vs Swapn Kumar Guha and others AIR 1988 SC) the supreme court held that the power of quashing criminal proceedings has to be used sparingly and the court cannot soft pedal the course of investigation by quashing the FIR based on the petition.

Reference: section 482 of the criminal procedure code 1973
article 226 of the constitution of india



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