Can I withdraw a police report or settle a criminal case in Malaysia?

After a quarrel, a fight or a family dispute, people sometimes make a police report and later want to "take it back", perhaps because the other side apologised, paid for the damage, or the family has reconciled. Others want to know if they can settle a case they are facing.

Can I withdraw a police report?

You can inform the police in writing that you do not wish to pursue the matter. However:

• once a report is made, the police may still investigate;
• under Article 145(3) of the Federal Constitution, the Attorney General as Public Prosecutor has discretion to institute, conduct or discontinue proceedings for an offence;
• for serious offences, particularly violence, sexual offences, domestic violence or offences involving children, the authorities may continue even if the complainant no longer wishes to.

What does "compounding" mean?

Section 260 of the Criminal Procedure Code allows certain Penal Code offences to be compounded, meaning settled by the person who was harmed:

• Part A offences may be compounded by the person named in the table without the court's consent when no prosecution is pending, or with the court's consent when a prosecution is pending. Examples in the table include voluntarily causing hurt (section 323), wrongful restraint, assault or criminal force, mischief causing loss only to a private person, criminal trespass and house-trespass, defamation, and insult intended to provoke a breach of the peace.
• Part B offences, such as voluntarily causing grievous hurt (section 325), may be compounded by the person hurt only with the court's consent.
• The composition has the effect of an acquittal (section 260(5)).
• No other Penal Code offence may be compounded (section 260(6)). For example, theft is not on the list.

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How does it work in practice?

1. The victim and accused may reach a settlement, often involving an apology or compensation.
2. Where a prosecution is pending, the settlement is placed before the court, which decides whether to consent.
3. If the court consents, the accused is acquitted of that charge.

It is important that any settlement is voluntary. Pressuring or threatening a victim to withdraw is itself wrong and may be an offence.

Must the report have been false?

No. Many people think they must say the report was "not true" to withdraw it. Do not do this if the report was true. Giving false information to a public servant can be an offence. A truthful note that you no longer wish to pursue the matter, or that you have reconciled, is the correct approach.

What about "compounds" for traffic or regulatory offences?

That is a different system. Many regulatory laws let an authority offer a compound (a payment) instead of prosecution. That is separate from compounding under section 260.

Common mistakes

• Saying a true report was false to "cancel" it.
• Pressuring the other side to withdraw.
• Assuming withdrawal automatically ends the case.
• Paying money without a written settlement that reflects what was agreed.

When to speak to a lawyer

If you want to withdraw a report, are being asked to, or are facing a charge that might be compoundable. You can contact us; every case depends on its facts.

Frequently asked questions

Can a domestic violence report be withdrawn?

You can tell the police your wishes, but the authorities may continue, and protection orders may still be relevant. See domestic violence protection orders.

Does compounding leave a criminal record?

Composition under section 260 has the effect of an acquittal of that charge.

The victim is a child. Who can compound?

Section 260(4) provides that where the person who would compound is not competent to contract, a person competent to contract may compound on their behalf. The court's consent is still needed where the law requires it.

Is a settlement agreement binding?

A written agreement can be useful, but it cannot override the criminal process. Get advice on its wording.

Can the police refuse to accept my withdrawal letter?

They may record it, but the investigation decision is theirs and the Public Prosecutor's.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
2. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
3. Federal Constitution, Article 5 (liberty of the person), AGC Laws of Malaysia

Fact-checked on 17 Oct 2026