If you are stuck in such a situation, here is what to do.

Mr. Sameer, a resident of the bustling city of Suryanagar, recently found himself in a difficult position. He had engaged a digital marketing agency, “WebBoost Solutions,” for a project. After making an advance payment, the agency, run by a Mr. Alok, failed to deliver the services on time, leading Sameer to believe he had been scammed. In haste, he filed a complaint on the national cybercrime portal against WebBoost Solutions.

A few days later, Mr. Alok contacted him, apologized for the delay, and promptly completed the project to Sameer’s satisfaction. However, the online complaint had already triggered action, and Mr. Alok’s business bank account was frozen. Now, Mr. Alok is repeatedly contacting Sameer, pleading with him to withdraw the complaint so he can resume his business operations. When Sameer tried to use the “Withdraw Application” feature on the portal, he received an error message saying, “No records found,” even though his complaint was visible under the “Check Status” section. Worried about getting entangled in legal complexities, Sameer wants to resolve the matter quickly and amicably.

Advice in such cases

When you find yourself in a situation like Mr. Sameer’s, where a dispute is resolved after a police complaint has been filed, it is crucial to act carefully and systematically. Here is some general advice:

• Understand the Status: The first step is to determine if your online complaint has been converted into a First Information Report (FIR) under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. An online complaint is often a preliminary step. An FIR is a formal registration of a cognizable crime.
• Preserve Communication: Keep a record of all communication with the other party that shows the matter has been resolved. This could include emails, messages, or proof of service delivery.
• Formal Withdrawal Request: You cannot simply “delete” a complaint. You must formally request its closure by approaching the authorities.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Understanding the legal framework is essential. The laws that apply here are primarily from the new criminal codes:

• Bharatiya Nyaya Sanhita (BNS), 2023: The initial complaint likely pertained to an offense like cheating, which is defined under Section 318 of the BNS. Since the act was committed online, provisions related to electronic offenses could also be relevant.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This code outlines the procedure for police investigation. Section 173 of the BNSS governs the registration of an FIR. If an FIR has been registered, it cannot be withdrawn by the complainant. The police may file a closure report if they find no merit in the case after investigation, or the case can be quashed by the High Court under its inherent powers as described in Section 528 of the BNSS.

If you are the complainant

If you are in Mr. Sameer’s shoes and wish to withdraw your complaint, follow these steps:

• Visit the Police Station: Since the online portal is not working, you must visit the cybercrime police station or the local police station to which your complaint has been assigned.
• Submit a Written Application: Draft a formal letter addressed to the Station House Officer (SHO). Clearly state your complaint number, the details of the case, and the fact that the matter has been amicably resolved. Attach proof of the resolution.
• File an Affidavit: The police may require you to submit a notarized affidavit stating that you are withdrawing the complaint voluntarily and have no further grievances.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the person against whom a complaint was filed (like Mr. Alok), and the matter is now resolved, here is what you should do:

• Cooperate with the Complainant: Encourage the complainant to formally withdraw the complaint. Provide them with any necessary documents that prove the resolution of the dispute.
• Avoid Pressure: Do not unduly pressure or threaten the complainant, as this could lead to further legal trouble for you.
• Seek Legal Recourse: If an FIR has been filed and the complainant is cooperating, you can jointly approach the High Court to have the FIR quashed under Section 528 of the BNSS based on a settlement.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police response can vary. In cases of non-serious, compoundable offenses, they are generally cooperative if both parties confirm a settlement. They will verify that the withdrawal is voluntary and not due to coercion. However, if the complaint pertains to a serious, non-compoundable offense, the police cannot simply close the case. They are bound to investigate and file a final report before the court. They will likely ask both parties to appear at the station, record their statements, and formalize the closure in their records.

FAQs people normally have

• What is the difference between a complaint and an FIR? A complaint is an allegation made to the police. An FIR is registered only when the police determine that a cognizable offense has been committed. All FIRs are based on complaints, but not all complaints become FIRs.
• Can I get into trouble for withdrawing a complaint? No, if the original complaint was filed in good faith and you are withdrawing it because the issue is genuinely resolved. However, filing a false complaint with malicious intent is a punishable offense.
• What if the police refuse to close the complaint? If the police believe a serious crime has occurred, they may continue the investigation despite your wishes. In such a scenario, legal counsel is essential to navigate the next steps, which may involve approaching the High Court.

What evidence is required?

To support the withdrawal of a complaint, you will typically need:

• A written application for withdrawal.
• A copy of the original complaint.
• Identity proofs of both parties.
• A notarized affidavit from the complainant.
• If applicable, a written settlement agreement signed by both parties.
• Proof that the underlying dispute has been resolved (e.g., payment receipts, confirmation of service delivery).

How long will the investigation take?

If no FIR has been registered, the police can close the inquiry file relatively quickly, often within a few weeks, after you submit the withdrawal application. If an FIR has been registered for a compoundable offense, the closure process through the court may take a few months. For quashing an FIR in the High Court, the timeline can range from a few months to over a year, depending on the court’s schedule and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India