tlrym 24 February 2015

Procedure for closure of fir

My father in law went to police and filed FIR 323, 506 and 294(b) against all my family members. I and my parents got AB and i appear court in month. No CS issued till date. Now they compromise and want to go for MCD. As part of MCD, i want them to withdraw this case. What is the procedure for closure of this FIR?

Is it sufficient my FIL approach police and give a letter that he is withdrawing the complaint and ask police to close the FIR? This can i attach in MCD? How do i know police close the FIR? Please suggest steps how can i close and the steps to ensure it is actually closed.

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14 Replies

Elango Advocate (Junior Counsel) 24 February 2015

Sections 323, 294(b) and 506 of IPC are all compoundable. You can file a petition under section 320 of Cr.PC. before the concerned Magistrate and get the case compounded.

tlrym 24 February 2015

Petition under 320 CrPC need to be moved by me or my father in law? Once petition is moved, roughly how long will it take assuming speed up? I have to written consent from father in law that he is agreeing to withdraw this case. Once i get order from 320 CrPC that the case has been compounded , it means that the FIR is completely gone.

Elango Advocate (Junior Counsel) 24 February 2015

Your Father-in-law, the de-facto Complainant should file the 320 Cr.P.C petition. Disposing of this petition may not take more than a week or two. The court may even allow the compounding petition instantly considering it a family dispute. Once the case is compounded, the FIR ceases to exist and can be termed as closed.

tlrym 24 February 2015

I don't see 294(b) in either list in 320 CrPc. Is 294(b) compoundable ?

tlrym 24 February 2015

Also once the petiton is disposed , the court will give an order that FIR is closed? Correct?

falsedowery (bussiness man) 24 February 2015