People often file police complaints in moments of anger, fear, or emotional stress.
Later, once things calm down, they may wish to take it back. But whether that’s legally possible depends on what exactly was filed—a basic police complaint or a registered FIR. These are not the same.
A police complaint is a general report you give to the police. It can be written or oral. It’s usually the first step taken to inform authorities about a dispute, a threat, or an offence.
However, this doesn’t mean the police always act on it. If the matter is not serious or falls under a non-cognizable offence, the police may simply record it without starting a criminal case.
On the other hand, an FIR (First Information Report) is a formal document under Section 154 of the Code of Criminal Procedure (CrPC). Once an FIR is registered, the police are legally bound to start an investigation.
This means they can summon, search, and even arrest. Withdrawing it becomes much harder.
Here’s how the two differ:
| Aspect | Police Complaint | FIR |
| Legal status | Informal or preliminary | Formal, under Section 154 CrPC |
| Investigation starts? | Not always | Yes, mandatory |
| Can it be easily withdrawn? | Yes | No, needs legal process |
| Common offences | Non-cognizable (e.g., abuse, minor threats) | Cognizable (e.g., assault, theft, domestic violence) |
If you only filed a complaint—not an FIR—you can go to the same police station, give a written application asking them to close or withdraw the complaint, and explain your reason. Maybe the issue was resolved mutually or it was based on a misunderstanding. The Station House Officer (SHO) may make a note and update the entry.
But once an FIR is registered, you can’t just walk in and ask the police to “cancel it.” It’s no longer a private matter—it becomes the State vs the accused, and only a court can decide what to do next.
If you’re unsure what you’ve filed or how the process works, read What Happens After You File an FIR? Step-by-Step to understand how FIRs move forward.
To withdraw an FIR, your legal options depend on whether the offence is compoundable or non-compoundable, as per Section 320 of the CrPC.
In simple terms, compoundable offences are those where the law allows both parties to settle. For example, criminal trespass or simple hurt. You can jointly approach the Magistrate, record your mutual agreement, and the case may be closed.
In serious or non-compoundable cases, like dowry death or sexual assault, even if you and the accused agree to settle, the court may not allow withdrawal.
Instead, you’ll need to approach the High Court under Section 482 CrPC and request the FIR to be quashed. The court will consider the facts, see if public interest is affected, and only then decide.
If you’ve filed a complaint due to threats or coercion and now feel safe, you may want to read What to Do If You’re Being Harassed or Threatened. It offers practical advice on when and how to involve the police.
If an FIR has already been registered, the only way to withdraw it is through the courts. You have two possible legal routes, depending on the type of offence and the stage of the case.
The simpler route is available if the offence is compoundable, as listed under Section 320 of the Criminal Procedure Code (CrPC).
In such cases, the law permits the complainant and accused to settle the matter. For instance, in cases like voluntarily causing hurt (Section 323 IPC), criminal trespass (Section 447 IPC), or defamation (Section 500 IPC), you can file a joint application before the Magistrate, stating that both parties have resolved the issue.
The court will usually record your statement and close the case.
For non-compoundable offences, such as cheating, assault with intent to outrage modesty, or dowry death, the court’s role becomes critical. You must approach the High Court under Section 482 of the CrPC, which gives the court inherent powers to quash criminal proceedings in the interest of justice.
In such cases, your lawyer will draft a quashing petition that includes:
- The FIR number and police station
- Details of settlement or misunderstanding
- Affidavits from both parties confirming the resolution
- Any supporting evidence (e.g., compromise deed, messages)
The High Court may call both parties for a hearing and verify the voluntary nature of the compromise. If the court is convinced that the case is purely private in nature and continuing prosecution serves no purpose, it will issue an order quashing the FIR.
However, courts are cautious. In serious crimes or those affecting public interest, they may refuse to quash, even if the parties have settled. The court looks at whether the allegations, if true, would still require a trial.
Once the FIR is quashed, it’s considered null and void. Police are no longer allowed to investigate or proceed further. It is strongly advised to preserve a certified copy of the High Court order for your future records.
If your case involves potential arrest risk, you should also understand What Is Anticipatory Bail and How to Apply for It, especially before filing a withdrawal petition.
FAQs
1. Can I withdraw an FIR without going to court?
No. Once an FIR is registered, only a court—usually the Magistrate or High Court—can close it.
2. Is it easier to withdraw an FIR if no charge sheet has been filed?
Yes. Courts are more flexible before the investigation is completed.
3. Do both parties need to appear in court for quashing?
Usually, yes. Courts may require both parties to confirm the compromise.
4. Can police cancel the FIR on their own if I submit a withdrawal letter?
No. Police cannot cancel an FIR once it’s registered. Only courts can.
5. Will the FIR be completely erased after quashing?
Yes. Legally, it will have no effect, and police cannot act on it again.
