How to Withdraw an FIR in India

In India, an FIR (First Information Report) is the first step of a criminal case.
Once registered, it gives the police the authority to start an investigation.

But what if the complainant later wants to take back the FIR — due to settlement, misunderstanding, or a false complaint?

This guide explains whether and how an FIR can be withdrawn, the legal procedures, and practical steps to do it correctly under Indian law.

What Is an FIR?

An FIR (First Information Report) is a written complaint lodged with the police under Section 154 of the Code of Criminal Procedure (CrPC).

It contains details such as:

• The nature of the offence,
• Date, time, and place of the incident,
• Names of the accused (if known),
• Statement of the complainant.

Once filed, the police begin an investigation, and the matter becomes part of the criminal justice process.

Can an FIR Be Withdrawn?

The short answer: An FIR cannot be simply “taken back” once registered.

However, there are legal ways to close or cancel it, depending on:

• The type of offence (bailable / non-bailable, compoundable / non-compoundable),
• The stage of investigation, and
• Whether the parties have reached a compromise.

Let’s understand this clearly.

Types of Criminal Offences (Important for FIR Withdrawal)

Examples of Compoundable Offences

• Causing hurt (Section 323 IPC)
• Criminal trespass (Section 447 IPC)
• Defamation (Section 500 IPC)
• Cheating (Section 420 IPC) – compoundable with permission
• Adultery (Section 497 IPC – now decriminalized)

Legal Provisions for FIR Withdrawal

1. Section 320 CrPC – Compounding of Offences

This section allows certain offences to be settled (compounded) between the complainant and accused, either:

• Without court permission (for minor offences), or
• With court permission (for more serious ones).

Once the court allows compounding, the FIR effectively stands withdrawn, and the case is closed.

2. Section 482 CrPC – Inherent Powers of the High Court

If the offence is non-compoundable, the FIR can still be quashed by the High Court under its inherent powers.

This usually happens when:

• Both parties reach a mutual settlement, or
• Continuing the case would be a misuse of law or cause injustice.

The High Court can issue an order to “quash the FIR”, which legally ends the case.

Step-by-Step Procedure to Withdraw an FIR

Step 1: Understand the Nature of Offence

Ask your lawyer whether your case is:

• Compoundable, or
• Non-Compoundable

This determines whether you can settle the matter in the lower court or have to approach the High Court.

Step 2: Reach a Compromise (If Applicable)

If both parties (complainant and accused) agree to settle the matter:

• Prepare a written compromise agreement.
• Both parties must sign it voluntarily.
• Attach supporting documents (like ID proof, case copy, FIR number).

Step 3: File a Petition in the Appropriate Court

The petition must include:

• FIR number and date
• Police station details
• Names of complainant and accused
• Reason for withdrawal or settlement
• Copy of compromise affidavit

Step 4: Court Hearing

Both parties must appear in court.
The judge will:

• Verify that the settlement is genuine and voluntary,
• Ensure no coercion or threat is involved,
• Check the public interest if it’s a serious case.

If satisfied, the court will allow:

• Compounding (in case of compoundable offences), or
• Quashing of FIR (by High Court in non-compoundable cases).

Step 5: FIR Officially Closed

Once the court order is issued:

• The police stop the investigation.
• The FIR is marked as closed or quashed.
• You can obtain a certified copy of the court order for record.

Documents Required to Withdraw or Quash an FIR

Sample Format: Application for Quashing of FIR

(Simplified version for understanding)

To: The Hon’ble High Court of [State Name]

Subject: Application for Quashing of FIR under Section 482 CrPC

Petitioner: [Complainant’s Name]

Respondent: [State & Accused’s Name]

FIR Details: No. [FIR Number], dated [Date], registered at [Police Station].

Grounds: The matter has been amicably settled between both parties. The complainant no longer wishes to pursue the case.

Prayer: It is therefore requested that the above-mentioned FIR be quashed.

Petitioner’s Signature
Date & Place

Timeline: How Long It Takes to Withdraw an FIR

(Timelines may vary by court workload and case complexity.)

Important Points to Remember

✅ You cannot directly withdraw an FIR from the police station.
✅ Only a court can legally cancel or quash an FIR.
✅ Always ensure the compromise is voluntary and genuine.
✅ Serious crimes (rape, murder, corruption) cannot be withdrawn.
✅ If the accused is in custody, the lawyer must apply for bail before quashing.

Difference Between FIR Withdrawal, Closure & Quashing

Example Scenario

Rita filed an FIR against her neighbor under Section 506 IPC (criminal intimidation).
Later, both settled the dispute amicably.
Rita, with her lawyer, filed a petition for compounding under Section 320 CrPC in the local court.
The magistrate allowed it, and the FIR was officially withdrawn.

Graph: Common Reasons for FIR Withdrawal (2024–2025)

(Illustrative data based on legal trends.)

FAQs on Withdrawing an FIR in India

Q1. Can I withdraw an FIR directly from the police station?
A: No. Once registered, an FIR can only be withdrawn or quashed by a court order.

Q2. What if the case is false or filed in anger?
A: You can file a petition for quashing in the High Court under Section 482 CrPC.

Q3. Can FIRs for serious offences be withdrawn?
A: No. Non-compoundable offences like murder or rape cannot be withdrawn.

Q4. How long does it take to withdraw an FIR?
A: It usually takes 2 weeks to 3 months, depending on the court.

Q5. Can both parties settle the case privately?
A: Yes, but the settlement must be approved by the court to be legally valid.

Conclusion

Withdrawing an FIR in India is not a simple cancellation process — it requires legal procedure through the courts.

For minor or compoundable offences, the case can be settled in the magistrate court.
For serious or non-compoundable cases, one must approach the High Court for quashing under Section 482 CrPC.

Always take the help of a qualified criminal lawyer