How to Withdraw a Mistakenly Filed Cyber Crime Complaint in India

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: A complaint pending on the National Cyber Crime Reporting Portal can still be withdrawn — but it needs a formal, documented request, not just a click. You'll have to submit an application to the cyber police station and also upload a withdrawal request on the portal. Acting quickly matters because once an FIR is registered, the process becomes far more complicated.

Priya Verma, a Chandigarh-based graphic designer, bought a handwoven rug from an Instagram store named AuraHandlooms on 5 April 2025. She transferred Rs. 4,200 through Paytm UPI. Two days later, the store’s account vanished. No order confirmation, no dispatch message. She panicked. She assumed a classic online fraud had hit her. That same evening, she lodged a complaint on the National Cyber Crime Reporting Portal. She uploaded the UPI transaction screenshot, the seller’s UPI ID, and a name — Kunal Joshi. The portal generated an acknowledgment and the status read “pending” throughout the following week. Then things turned. Through a friend, she finally got Kunal’s phone number. He sent her the shipment tracking link. The product had been dispatched the day before the Instagram account went down. A policy violation flag by Instagram had disabled the page, nothing to do with the transaction. The rug arrived three days later. Priya was relieved but now had a pending cyber complaint hanging like a sword over a genuine seller. She tried to withdraw it herself. The portal showed no one-click “cancel” button. Her email to the cyber cell stayed unanswered. A general law practitioner suggested filing an FIR for “mistake of fact” — which would have been disastrous. That’s when she approached the chamber of Advocate Sudhir Rao. The office quickly mapped the procedural route: file a physical withdrawal application at the jurisdictional cyber police station, upload a copy on the portal using the “feedback/submission” option, and support it with an affidavit. The application stated clearly that no offence was committed and the complaint was prompted by a misunderstanding. Advocate Sudhir Rao’s experience in handling cyber complaints ensured that the matter was treated as a withdrawal request and not escalated into an FIR. Ten days later, the portal status changed to “closed”.

Key Facts of the Case

• A genuine online purchase turned into a cyber complaint due to an Instagram account suspension.
• The complaint was filed under BNS Section 318 (Cheating) and the IT Act, though no intention to cheat existed.
• Portal status was “pending” — meaning the complaint had not yet been converted into a formal FIR.
• The seller provided full order proof and the product was delivered after initial communication breakdown.
• Withdrawal needed both an offline application and an online portal submission.
• No FIR was registered; the complaint was closed at the preliminary enquiry stage.
• Delay could have triggered an FIR, making withdrawal a criminal court process under BNSS.

The Direct Legal Answer

Can a cyber complaint be withdrawn after it has been filed?

Yes, if it is still in the “pending” stage and has not yet been converted into an FIR. The National Cyber Crime Reporting Portal does not offer a one-click cancellation. You must file a physical application addressed to the Station House Officer of the cyber police station that has jurisdiction over your complaint. In the application, clearly state the reason for withdrawal, provide proof that the transaction was genuine (receipts, delivery confirmation, communication with the seller), and request closure of the complaint. Then upload a signed copy on the portal against the original complaint ID. If an FIR has already been registered, withdrawal becomes a judicial process — you would need to approach the High Court under Section 528 BNSS for quashing or the trial court for compounding, if the offence is compoundable.

What if the portal shows only “pending” — is it too late?

Pending means the complaint is under review. It hasn’t ripened into an FIR yet. So immediate action can stop that conversion. The cyber cell may issue a notice to the opposite party, and upon receiving your withdrawal affidavit, they are likely to close the file at the preliminary enquiry stage. But waiting even a few days more can change the status. Once an FIR is registered, the process cannot be simply “withdrawn” — it must be quashed or compounded with court permission.

Advice in Such Cases

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 to 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.

Don’t try to handle it alone — the portal isn’t designed for withdrawals, and one wrong statement to the cyber cell can lead to an FIR being registered against you for false complaint. Keep every piece of evidence safe. And here’s the thing: a general practitioner who rarely touches cyber or IT Act matters may not know the internal procedure of cyber cells. A domain-specific advocate will know which police station to approach, how to draft the withdrawal affidavit, and what attachments carry the most weight.

Act early. A pending complaint is like a slow-burning fuse. You can put it out now, but once it ignites into an FIR, the whole dynamic changes.

Applicable Sections of Law

A cyber complaint of this nature typically invokes Section 318 BNS (Cheating) read with Section 66D of the Information Technology Act, 2000 (cheating by personation using a computer resource). If the complaint mentions unprotected online transaction fraud, the police may also examine Section 319 BNS (Cheating with dishonest inducement). The procedure for investigation and arrest flows from the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Since the complaint is not yet an FIR, the police are still at the stage of Section 173(3) BNSS — conducting a preliminary enquiry. No FIR number has been issued, which keeps the matter outside the mandatory investigation framework of Section 173(1) BNSS.

Punishment and Penalties

For context, the offence that the complaint originally alleged — cheating under Section 318 BNS — carries imprisonment of either description up to three years, or a fine, or both. If Section 319 BNS is invoked, the term can extend to five years. Section 66D of the IT Act also provides imprisonment up to three years and a fine up to one lakh rupees. All these offences are cognizable (police can arrest without a warrant) and non-bailable under standard classification, unless the punishment provision is later notified differently. They are compoundable only with court permission under BNS. But since the complaint is yet to become an FIR, these penalties remain hypothetical — and that’s precisely why immediate withdrawal is critical.

Jurisdiction — Where to File the Case

For a pending complaint, the appropriate authority is the cyber police station that has territorial jurisdiction. That is usually the station within whose limits the complainant resides or where the transaction originated. The National Cyber Crime Reporting Portal automates jurisdiction routing, so your complaint likely landed at a police station linked to your registered address. For withdrawal, you must visit that specific station. If the complaint escalates to an FIR, the trial would be before the Judicial Magistrate First Class under BNSS. Pecuniary and territorial jurisdiction in cyber cases follow the place where the loss occurred or where the computer network was accessed. Different High Courts have issued guidelines, but the principle of “cause of action” under Section 177 of the BNSS is the starting point.

What if Police Refuse to File FIR?

This isn’t about refusal to file an FIR — it’s about preventing one. But if the cyber cell insists on proceeding despite your withdrawal request, you may need to escalate. The steps would then be:

• Submit a detailed representation to the Superintendent of Police under Section 173(4) BNSS, bringing the facts on record.
• File a petition before the Judicial Magistrate under Section 175(3) BNSS requesting a direction to close the complaint as no cognizable offence is made out.
• If even that fails, approach the High Court under its writ jurisdiction to quash any potential FIR on grounds of abuse of process.

But in practice, a well-drafted withdrawal application with an affidavit stops things long before that stage.

Rights of the Accused

While your intent is to protect the seller, it helps to know what rights they would have if an FIR were registered. Those rights include:

• Right against self-incrimination under Article 20(3) of the Constitution — they cannot be forced to testify against themselves.
• Right to legal representation under Article 22 — they can consult and be defended by a lawyer of choice.
• Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time, under Section 58 BNSS.
• Right to obtain a copy of the FIR and know the grounds of arrest under Section 47 BNSS.
• For offences carrying up to three years’ imprisonment, the right to seek regular bail, and in some situations anticipatory bail under Section 482 BNSS.

Bail Provisions

Cheating under Section 318 BNS is non-bailable as per the tabular classification currently applied to BNS. If an FIR gets registered, the accused would need to apply for regular bail under Section 480 BNSS or, to avoid arrest, anticipatory bail under Section 482 BNSS. The court typically imposes conditions like attending investigation, not tampering with evidence, and providing a bail bond. In a scenario where the complaint was mistaken, the bail application would heavily rely on the evidence of a genuine transaction to show no crime was committed. But it's far better to prevent the FIR entirely — bail hearings mean stress, costs, and at least one or two court dates.

Quashing of FIR / Case

If, despite everything, an FIR is registered, the only clean route to end the matter is quashing. The High Court can invoke its inherent powers under Section 528 BNSS when the FIR discloses no prima facie offence or is an abuse of process. A mistaken cyber complaint that proceeds to FIR fits squarely into that category. The Supreme Court has repeatedly held in various matters that criminal proceedings arising from civil misunderstandings or no criminal intent should be quashed. Filing a quashing petition under Section 528 BNSS along with a copy of the delivery proof, chat logs, and the withdrawal affidavit would likely lead to early intervention. Still, the cost and time involved are significant compared to nipping it at the pending stage.

If You Are the Victim

• Write to the cyber police station immediately — don’t rely only on the portal’s internal messaging system.
• File a withdrawal affidavit sworn before a notary, stating the complaint was made in good faith but facts pointed to a genuine transaction.
• Upload all documents — delivery confirmation, seller communication, payment receipts — against your complaint ID on the portal.
• Keep a printed copy of the withdrawal application with an acknowledgment stamp from the police station.
• If you receive any communication from the cyber cell about the complaint, respond promptly and attach the withdrawal proof.

Documents You Must Keep Ready

• Aadhaar or PAN card as identity proof.
• Copy of the original cyber complaint acknowledgment.
• Screenshot of the UPI transaction and bank statement confirming the payment.
• Chats or emails with the seller proving the product was ordered and dispatched.
• Delivery confirmation and photograph of the received product.
• Affidavit drafted for withdrawal, notarised.
• Letter addressed to the SHO, cyber police station, explaining the full sequence.
• Any response received from the seller showing genuine intent.

What Evidence Is Required?

• Primary evidence: the original UPI transaction record, delivery airway bill, and the product itself.
• Chat logs: WhatsApp or Instagram messages showing order details and later contact with the seller.
• Affidavit: a sworn statement that the complaint was prompted by a communication breakdown, not an intent to falsely implicate.
• Certificate under Section 65B of the Indian Evidence Act (now BSA) may be needed if electronic records are contested later, but at the withdrawal stage, printed screenshots work.
• Email trail with the cyber cell or portal support team, if any.
• Witness statement: from the mutual contact who reconnected you with the seller, if relevant.

How the Police Behave in Such Cases

Cyber police stations handle a deluge of complaints — many frivolous. A pending file that suddenly comes with a withdrawal request isn’t unusual for them. They’ll likely ask for a written statement from both the complainant and the seller. Some stations want physical presence; others accept email. Don’t expect a warm reception — they might initially suspect a conspiracy to harass the seller and then cover up. That’s why a lawyer-prepared application with clear documentation helps. And make no mistake, if you approach them verbally without paperwork, they might just register the FIR anyway to close the matter on their end.

Timeline of Legal Process

From filing a withdrawal application to closure of the complaint, the typical timeline looks like this:

• Day 1–3: Draft withdrawal letter and affidavit; submit physically at the cyber police station and upload on portal.
• Day 3–7: Police may call the complainant for a statement to confirm the withdrawal request is voluntary and truthful.
• Day 7–14: If satisfied, the station closes the preliminary enquiry and updates the portal status to “closed.”
• If an FIR has already been registered, the timeline jumps: FIR investigation can take 60–90 days, the chargesheet follows, and trial may take 1–2 years. Quashing in High Court can take 3–8 months depending on the bench.

The pending stage is the narrow window where you control the narrative. After that, the process drags you along.

How Long Will the Investigation Take?

At the pending complaint stage, investigation hasn’t formally started — only a preliminary enquiry runs. It can be wrapped up within two weeks of you submitting the withdrawal. If an FIR is registered, the investigation for a cheating case typically lasts 60 to 90 days under Section 193 BNSS (mandatory completion period), extendable with higher permission. But let’s be clear: you don’t want it to get to that. The clock starts ticking the moment the FIR number is generated.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Absolutely — in fact, that’s exactly what a withdrawal achieves. A pending complaint is not yet a court proceeding, so you’re settling it at the pre-litigation stage. Once an FIR is filed, the parties can still compromise if the offence is compoundable with court permission. Under BNS, cheating (Section 318) can be compounded by the person cheated, with court approval. But that still means a court appearance. If the complaint is still pending, the entire matter can be resolved without setting foot in a courtroom. Mediation or Lok Adalat don’t apply until a case is actually pending in court. So right now, your withdrawal is the closest thing to an out-of-court settlement.

Common Mistakes People Make

• Ignoring the complaint hoping it goes away: a pending complaint doesn’t expire; it could turn into an FIR months later when the seller gets a random summons.
• Verbally telling the police “I withdraw” without paperwork: that won’t stop anything. You need a written, signed, and acknowledged application.
• Filing the withdrawal as a new complaint instead of linking it to the original ID: it gets treated as a separate case, creating confusion.
• Posting details on social media: discussing the seller, the complaint, or the process publicly can weaken your legal position and invite defamation concerns.
• Engaging a lawyer who doesn’t regularly handle cyber or IT Act matters: general knowledge of criminal law isn’t enough here. Cyber complaints follow administrative protocols specific to the portal and cyber cells. An advocate who knows these workflows will save you time and avoid the risk of your withdrawal attempt being misfiled or ignored. Domain-specific experience is not a luxury — it’s what separates a closed file from a registered FIR.

FAQs People Normally Have

Can I withdraw a cyber complaint directly from the portal?

No. The portal doesn't have a “withdraw” button. You must submit a physical application to the police station and upload a copy on the portal against your complaint ID.

What happens if I do nothing?

The complaint may be processed. If the cyber cell finds even a basic suspicion, they can register an FIR. That would turn a misunderstanding into a full-blown criminal case.

Do I need a lawyer to withdraw the complaint?

Not by law. But in practice, crafting an application that satisfies the police and the portal requirements, along with the right affidavit, is best done by someone who does this regularly. One missing line can cause rejection.

Will the seller know I filed a complaint?

Possibly. If the cyber cell issues a notice to the seller before your withdrawal takes effect, they will learn about it. That’s why speed matters.

Can I be punished for filing a false complaint?

If it was a genuine mistake and you withdraw promptly, no. Deliberately filing a false complaint with malicious intent could attract action under Section 248 BNS (False charge). But in your situation, the facts support good faith.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.