Withdrawal of FIR through court
Need advice on the following case. I was cheated for 8 lacs by someone by forging documents and luring me into buying a piece of land in UP. When I figured out that all the papers etc were forged, I lodged an FIR under section with the police. The moment I lodged the FIR the other party agreed to pay up but asked for the FIR to be withdrawn. I approached the police again and gave them an affidavit stating that we have reached a mutual understanding and that I have recovered my money and that I don't need to case against the other part. The police took the affidavit from me and gave me a photocopy but did not acknowledge by signing my copy. The other party is not willing to settle now. I spent a lot of money with the cops in giving them the affidavit and now the situation is that I neither have the case nor my money. Is there a way to withdraw the FIR through courts?
yes, FIRs can be quashed through the High Court only, under Section 482 Cr.P.C. You can ask the other party to file a petition for quashing of FIR in the High Court. Then in that petition you can appear and give a statement to Court that there has been a compromise in the matter and you wish to settle. You should also be aware of the fact that forgery is a crime, and the High Court may not quash such FIRs in such cases. But that is the only way to get rid of the FIR. Police have no pwer to withdraw/quash the FIR once file. The most they can do is file a closure report after doing investigation before the lower court but one must always exhaust option of quashing through High Court rather than relying on police.
You can approach the court for quashing of an FIR. The court will pass an order basis which you can have your money back from. This way - you'll never have to interact with the police.
As such there is only procedure is to get the FIR quashed by filing petition U/s.482 cr.p.c. in the light of settlement arrived. Secure your interest first. Siddharth Srivastav, Adv. 9811776422
Once the FIR is registered the police authorities ceases the right to withdraw it. Police Authorities have only 2 options i,e. to file chargesheet u/s 167 or to file summery report u/s 169. If you want to quash the fir you have to file application u/s 482 before the High court and the FIR can be quashed by mutual consent.
Yes, you may file a private complaint through an experienced advocate and putforth the realities and the court will issue summons and secure the culprits. It is left to you to include police people as accused in the proposed private complaint, since they also colluded with your enemies.
Draft effective petitions will be prepared by me on nominal professional fee.
Police can close the FIR, not on compromise. If chargeshheet not filed, police can close it on mistake of facts.
You can file quashing petition, how u had made payment .
for discussion in details you can cal on 9820066854- Laxman Kanal & Associates
It appears that police has not filed any chargesheet in your FIR. FIR can only be quashed by constitutional courts like High Courts or Supreme Court. If, opposite party desire to settle the things out side court. You both jointly approach the High Court of your state u/s 482 of CrPC and seek quashing of FIR. Be careful, the opposite party is not playing an fraud with you by inducing you for settlement.
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