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What is the procedure for cancellation of FIR if they reach an compromise

24-Apr-2023
Criminal

Answer By law4u team

If both parties have reached a compromise and wish to withdraw the FIR (First Information Report), they can do so by following the procedure outlined below: File a mutual compromise petition: Both parties need to file a mutual compromise petition before the magistrate who has jurisdiction over the case. This petition should state that both parties have reached a compromise and wish to withdraw the FIR. Attend the hearing: After filing the mutual compromise petition, both parties will be required to attend the hearing scheduled by the magistrate. Provide a statement: At the hearing, both parties will be required to provide a statement stating that they have reached a compromise and wish to withdraw the FIR. Order by the magistrate: After hearing both parties, the magistrate will pass an order to either allow or reject the request for withdrawal of the FIR. If the request is allowed, the FIR will be quashed and the case will be closed. It's important to note that in some cases, the magistrate may not allow the withdrawal of the FIR, especially if the offense is serious in nature or if the court feels that the withdrawal is not in the interest of justice. It's also advisable to consult with a lawyer to ensure that the process is followed correctly and to avoid any legal complications in the future.

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