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

Withdrawing a police complaint after an FIR (First Information Report) has been lodged in India is a complex and often challenging process. Here are the key points to consider:

FIR Cannot Be Directly Withdrawn

Once an FIR is registered, it technically becomes an offense against the state, and the complainant cannot simply withdraw it. The FIR is under the jurisdiction of both the police and the judiciary3 4.

Methods for Addressing the Issue

Quashing the FIR: If the FIR is deemed false or based on a misunderstanding, the complainant can support the accused in filing a petition to quash the FIR before the High Court. The High Court has the authority to quash the FIR if it finds sufficient grounds to do so3 4.
Compromise and Settlement: For compoundable offenses (listed under Section 320 of the Code of Criminal Procedure, 1973), the parties can reach a compromise. The complainant can submit a written application to the police station and file a compromise agreement signed by both parties. However, for non-compoundable offenses, court approval is necessary1 4.

Procedure

Application to Police: Before a charge sheet is filed, the complainant can submit a written application to the police station where the FIR was lodged, stating the reasons for withdrawal. However, the police may not always accept this, and the case may still proceed1 4.
Court Intervention: If charges have already been framed, the complainant must file an application under Section 482 of the Code of Criminal Procedure (CrPC) to the High Court to quash the FIR or charges. The court will consider factors such as the nature of the offense, any compromise between parties, and whether public interest is served by quashing the case1.

Legal Implications

Civil and Criminal Liability: Withdrawing an FIR does not absolve the accused of civil or criminal liability. The courts can still pursue the case if they believe there is sufficient evidence or if the matter concerns public interest1.

In summary, while an FIR itself cannot be directly withdrawn, the complainant can seek to quash it through the High Court or pursue a compromise settlement, especially for compoundable offenses. It is crucial to seek legal advice to navigate the complexities of this process.