How to Withdraw a Criminal Case – Complete Legal Guide (2026)

Introduction

Withdrawing a criminal case in India depends on the nature of the offence and the applicable law. While some criminal cases can be withdrawn or settled with the permission of the court, others cannot be withdrawn because they involve serious offences affecting society.

The procedure varies depending on whether the offence is compoundable or non-compoundable under Indian criminal law.

This guide explains when a criminal case can be withdrawn, the legal procedure, required documents, court process, and important legal considerations under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and other applicable laws.

Can a Criminal Case Be Withdrawn?

Yes, but not every criminal case can be withdrawn.

Whether a case can be withdrawn depends on:

• Nature of the offence.

• Applicable legal provisions.

• Stage of the case.

• Permission of the court, where required.

• Facts and circumstances of the matter.

Some offences may be settled or compounded, while others must continue through the criminal justice process.

Difference Between Compoundable and Non-Compoundable Offences

Compoundable Offences

Compoundable offences are those that may be settled between the parties, subject to the applicable law and, in certain cases, the permission of the court.

Examples may include certain minor offences as specified by law.

Non-Compoundable Offences

Non-compoundable offences generally involve more serious crimes that cannot ordinarily be withdrawn or settled by private agreement between the parties.

In such cases, the court decides the matter according to law.

Who Can Apply for Withdrawal?

Depending on the circumstances, an application may be made by:

• The complainant.

• The victim.

• The accused (where legally permissible).

• The Public Prosecutor, in cases where withdrawal from prosecution is permitted by law.

• An authorized legal representative.

The applicable procedure depends on the nature of the case.

Step-by-Step Process to Withdraw a Criminal Case

Step 1: Consult a Criminal Lawyer

Seek legal advice to determine whether the offence is compoundable or whether any other legal remedy is available.

Step 2: Prepare the Application

Prepare the required application, settlement documents (if any), or supporting affidavit, depending on the facts of the case.

Step 3: File the Application Before the Competent Court

Submit the application before the court handling the criminal case.

Where required, both parties may appear before the court.

Step 4: Court Examination

The court examines:

• Nature of the offence.

• Voluntary nature of the settlement.

• Applicable legal provisions.

• Public interest.

• Facts and evidence of the case.

Step 5: Court Order

If the law permits and the court is satisfied, it may allow the withdrawal, compounding, or pass any other appropriate order according to law.

Documents Generally Required

Depending on the case, the following documents may be required:

• Copy of the FIR.

• Court case details.

• Identity proof.

• Settlement agreement (if applicable).

• Affidavits.

• Court orders.

• Authorization documents (where required).

• Any other supporting documents.

Requirements vary depending on the nature of the proceedings.

Can an FIR Be Withdrawn?

An FIR cannot generally be "withdrawn" by the complainant once it has been registered.

However, depending on the facts and the applicable law, legal remedies such as compounding of offences or quashing proceedings by the competent High Court may be available in appropriate cases.