cancel of fir by superintendent of police

Querist : Anonymous (Querist) 19 July 2011 This query is : Resolved
If the party who lodge the fir agrees and settle all disputes with other party and give affidavit ..If request is made to SP of that area
can he cancel that fir???

Case is in lower court right now...

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Arvind Singh Chauhan (Expert) 20 July 2011
Police can't Cancel the FIR. Now Investigating officer may file final report that there is no dispute.

Guest (Expert) 20 July 2011
Naturally, once case is remitted to the court by the police, the question of cancellation of FIR cannot arise. The case can be closed as settled mutually only by the court after submission of affidavit about mutual settlement.

Ravikant Soni (Expert) 20 July 2011
Police may file negative final report but can not cancel or quash FIR.

Ashok Yadav (Expert) 20 July 2011
If the sections as charged in FIR are compoundable as per law then the parties can compound it by giving statements in the court.

If the sections are non compoundable in nature then the I O can file final report that there is no case made out, and the court accept that report only after that the court will close the matter.

If the court does not satisfy with the police final report, in that situation the court can order re investigation of the matter.

prabhakar singh (Expert) 20 July 2011
AS YOU SAY"Case is in lower court right now..." COMPROMISE IF ANY CAN BE ONLY IN COURT.EXPERTS ARE WRIGHT TO OPINE THAT ONCE FIR IS LODGED,POLICE HAS TO INVESTIGATE,AND TO FILE EITHER A CHARGE SHEET OR A FINAL REPORT.NO LESS NO MORE IT CAN DO.

Arun Kumar Bhagat (Expert) 21 July 2011
FIR once done can not be withdrawn or cancelled. It is upto the Police who can file final report for closure of the case due to want of evidence and compromise.

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