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

A young student, let’s call him Arnav, found himself in a predicament. A cybercrime complaint was filed against him in the city of Alokpur over a disputed financial transaction. In an attempt to resolve the matter quickly, Arnav directly paid the disputed amount to the complainant, Ms. Rina. He assumed this would end the issue. However, because the complaint was still active in the police records, the authorities proceeded to block his mobile number, causing him immense hardship. Arnav now possesses transaction receipts and email confirmations from Ms. Rina acknowledging the settlement and her intention to close the case. The challenge remains to formally present this evidence to the Investigating Officer at the cyber police station, get the complaint officially closed, and obtain a No Objection Certificate (NOC) to unblock his number.

Advice in such cases

When you find yourself in a situation like Arnav’s, it’s crucial to understand that informal settlements, while well-intentioned, do not automatically resolve formal police complaints. The official process must be followed to ensure the case is closed in the eyes of the law.

• Never settle a matter involving a police complaint without informing the investigating agency. A direct payment can sometimes be misconstrued.
• Ensure any settlement is documented formally. This could be a simple written agreement or, ideally, a statement made before the police by the complainant.
• Once a settlement is reached, the accused person must proactively follow up to ensure the complainant has formally withdrawn the complaint.
• 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

Such cases typically involve multiple legal provisions. The police’s power to block resources like a phone number or bank account stems from their investigative authority under the law.

• Information Technology Act, 2000: This is the primary legislation for cybercrimes. The complaint would likely be registered under relevant sections of this Act.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Depending on the nature of the complaint, sections related to cheating (Section 318 BNS) or other financial frauds could be invoked.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This code outlines the procedure for police investigation. It grants the police powers to collect evidence and take necessary actions, such as directing telecom companies to block a number linked to an alleged crime, to prevent further illegal activities and preserve evidence.

If you are the complainant

If you are the person who filed the complaint (like Ms. Rina) and have since settled the matter, you have a responsibility to formally close the case.

• Visit the police station where you filed the complaint.
• Meet the Investigating Officer (I/O) and submit a written application stating that the dispute has been amicably resolved and you wish to withdraw your complaint.
• The police will record your statement to this effect. This is crucial for the police to initiate the case closure process.
• Failing to do so can leave the accused in a difficult position and may even expose you to legal complications if the settlement is seen as an act of extortion.
• 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 accused person (like Arnav) who has settled the dispute, you cannot afford to be passive.

• Preserve all evidence of the settlement. This includes bank transaction details, UPI IDs, screenshots, and all communication (emails, text messages, or chat logs) with the complainant.
• Politely but firmly request the complainant to visit the police station and formally withdraw the case. Offer to accompany them if necessary.
• If the complainant is uncooperative after receiving payment, you must take action yourself.
• 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. A lawyer can draft a representation on your behalf, attach all the evidence of settlement, and submit it to the police. They can liaise with the I/O and explain the situation, which is often more effective than an individual trying to navigate the system alone.

How the police behave in such cases

The police act based on the official records before them. A complaint, once filed, is a formal document that initiates a legal process. They cannot close a case based on hearsay or an informal update. They require a formal statement or application from the complainant to close the file. In Arnav’s case, the police blocked the number as a standard procedure linked to the active cybercrime complaint. Once presented with concrete proof of a settlement and a statement from the complainant, they are generally cooperative. Their objective is to resolve the case, and a settlement is a valid ground for closure. They will prepare a closure report, which then forms the basis for issuing an NOC to the telecom provider.

FAQs people normally have

What evidence is required?

To prove a settlement and close the case, you will need:

• Proof of Payment: A clear bank statement, UPI transaction receipt, or screenshot showing the transfer of the settled amount to the complainant.
• Communication Records: Emails, WhatsApp chats, or text messages where the complainant acknowledges receipt of the money and agrees to close the case.
• Complainant’s Statement: The most critical piece of evidence is a written statement or application from the complainant addressed to the police, confirming the settlement and requesting the withdrawal of the complaint.
• Representation through a Lawyer: A formal letter from your lawyer compiling all the above evidence and explaining the situation to the police is highly effective.

How long will the investigation take?

Once the complainant provides a statement to withdraw the complaint, the “investigation” effectively concludes. The police will then prepare a closure report. The process of getting the actual NOC and having the phone number unblocked can take anywhere from a few working days to a couple of weeks. This timeline depends on the internal procedures of the police department and their coordination with the legal and technical teams of the concerned telecom service provider. Regular follow-up by a lawyer can help expedite this process.

Advocate Sudhir Rao, Supreme Court of India