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May 29, 20233 min read

Can Fir Be Withdrawn After Charge sheet Is Filed?

The FIR serves as the initial step in the criminal justice system and provides essential information about the incident, including details of the offense, the complainant, witnesses, and other relevant facts. It sets the legal process in motion and acts as a basis for further investigation and legal proceedings.


An FIR can be withdrawn after a charge sheet is filed, but it requires the permission of the court. The court will consider various factors, such as the nature of the offense, the consent of the parties involved, and the interests of justice before making a decision on whether to allow the withdrawal of the FIR. The court will assess the reasons for withdrawal and ensure that it is not against the public interest or an attempt to manipulate the legal process.


Reasons Where FIR can be withdrawn after Charge Sheet is filed

In certain circumstances, an FIR can be withdrawn after a charge sheet is filed, but it typically requires the permission of the court. Some reasons where withdrawal may be considered include-

  • Compromise or Settlement- If the parties involved in the case reach a mutual agreement or settlement, they may approach the court to withdraw the FIR. The court will evaluate the genuineness of the compromise and consider whether it is in the interest of justice to allow the withdrawal.

  • Lack of Evidence- If, after the charge sheet is filed, it becomes evident that there is insufficient evidence to proceed with the case, the court may allow the withdrawal of the FIR. This could be due to factors such as unreliable witnesses, conflicting evidence, or new information that affects the strength of the prosecution's case.

  • Mistaken Identity or False Accusation- If it is discovered that the FIR was filed based on mistaken identity or false accusations, the court may permit the withdrawal. This could occur if new evidence emerges or if it becomes clear that the accused person was wrongly implicated in the case.

  • Mediation or Alternative Dispute Resolution- In some cases, the court may encourage mediation or alternative dispute resolution mechanisms to resolve the matter outside of the traditional legal process. If successful, the parties involved may seek the withdrawal of the FIR upon reaching a resolution through such means.

Role of Judiciary

  • In the case of State of Rajasthan v N.K. Bajaj, the Supreme Court of India held that the withdrawal of an FIR is permissible even after the charge sheet is filed if the parties involved reach a genuine compromise and the court is satisfied that the compromise is not against the public interest.

  • In the case of Rukmini Narvekar v Vijaya Satardekar, the Bombay High Court allowed the withdrawal of an FIR filed against a police officer after a charge sheet was filed. The court considered the amicable settlement between the parties and the absence of any public interest in continuing the criminal proceedings.

Role of Lawyers

In cases where an FIR is withdrawn after a charge sheet has been filed, lawyers can play various roles depending on their clients' interests and the legal proceedings. There are some potential roles of lawyers in such situations-

  • Advising on Withdrawal- Lawyers can provide legal advice to their clients regarding the process and implications of withdrawing an FIR after a charge sheet has been filed. They can explain the legal requirements, potential consequences, and guide their clients in making an informed decision.

  • Preparing Withdrawal Applications- Lawyers can assist their clients in drafting and filing the necessary applications or petitions before the court seeking permission for the withdrawal of the FIR. They can ensure that the application meets the legal requirements and includes appropriate justifications and supporting documents.

  • Negotiating with Opposing Parties- Lawyers can engage in negotiations with the opposing parties involved in the case to facilitate the withdrawal process. They can work towards reaching a mutually agreeable resolution or settlement, taking into accounts the interests and concerns of their clients.

You will need the help of lawyers to assist you in withdrawing the FIR after the filing of the charge sheet when needed in a criminal case. If you need the help of lawyers to help you in withdrawing the FIR after the charge sheet is filed in Ghaziabad, then Criminal Lawyers In Ghaziabad can be hired.


If you need the help of lawyers to help you in withdrawing the FIR after the charge sheet is filed in Bhubaneswar, then Criminal Lawyers In Bhubaneswar can be hired. Similarly, Criminal Lawyers In Hyderabad can be employed if you need the help of lawyers to help you in withdrawing the FIR after the charge sheet is filed in Hyderabad.


At Lead India, one can consult and talk to lawyers for advice. They can get free legal advice online as well as ask a legal question online for free to lawyers through Lead India.


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Email: care@leadindia.law



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