This article is written by Team LawSikho. This article discusses what happens when the other party also files an FIR.

Introduction

It is possible that after an FIR is filed, the other party (accused) may also file an FIR against the complainant. This is called a counter FIR or cross FIR.

Filing of the counter FIR may be because of personal enmity or with a mala fide intention to confuse the Court or may even be used as a tool to negotiate a settlement in future and to incentivize withdrawal of the original FIR by the complainant.

Generally, the police will consider if there is a prima facie case on both the sides at the time of registering the FIR and if this does not seem to be the case, they will not register both or register the one which seems bona fide and in which there seems to be some prima facie evidence that the crime occurred.

If however, both the FIRs are registered by the police, they may decide to conduct a joint investigation, resulting in a combined charge sheet or separate charge sheets.

The counter FIR does not have an impact on the original FIR.