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

Mr. Alok Sharma found himself in a perplexing situation and sought advice on the appropriate course of action. A few days prior, he had filed a written complaint at the Katora Talab Police Station in Raipur. The incident involved an auto-rickshaw driver who, under the influence of alcohol, had collided with his car from behind near Shankar Nagar. The driver was not only intoxicated but also behaved aggressively, making threats and even attempting to assault Mr. Sharma during the ensuing argument. Concerned for public safety, Mr. Sharma felt it was his duty to report the matter.

Following his complaint, the police took action by impounding the auto-rickshaw. However, no First Information Report (FIR) was registered. The next day, Mr. Sharma received an unexpected call from the owner of the auto-rickshaw, who was not the driver at the time of the incident. The owner explained that the police had summoned him and had provided him with Mr. Sharma’s contact number. He politely requested Mr. Sharma’s help in getting his vehicle released, assuring him that he would be more vigilant about his drivers in the future.

At this stage, Mr. Sharma felt that pursuing the case was becoming more trouble than it was worth. He noted a lack of enthusiasm from the police to take the matter further and was wary of being drawn into a lengthy process of follow-ups. He informed the police that he was agreeable to the release of the auto-rickshaw. However, the police insisted that he must visit the station in person and submit a formal written application to withdraw his complaint. They refused to act on his verbal consent or a message.

This insistence made Mr. Sharma cautious. He wondered if this was standard protocol or if there was an underlying reason for demanding a physical letter. He was concerned about how such a letter could potentially be used and wanted to understand his rights and the necessary precautions before proceeding.

Advice in such cases

When you find yourself in a similar scenario, it is important to understand the procedures and protect your interests. The police requesting a written withdrawal is a standard practice to create a formal record of closure. Here is what you should consider:

• Written Statement: A written application for withdrawal is a procedural formality. It serves as an official record that you, the complainant, no longer wish to pursue the matter. This protects the police from future allegations that they closed the case improperly or under duress.
• Careful Wording: When drafting the letter, be precise and neutral. State the facts simply. Mention that after a discussion with the vehicle owner and receiving an apology and assurance of future caution, you have decided to resolve the matter amicably and do not wish to proceed with any further legal action. Avoid any language that retracts your original statement of facts or suggests your initial complaint was false.
• Keep a Record: After submitting the written application, always ask for a “receiving” copy—a photocopy of your application stamped and signed by the police station as proof of submission. This is for your personal records.
• 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

In a situation like the one described, several legal provisions under Indian law could be relevant, primarily from the Bharatiya Nyaya Sanhita (BNS) and the Motor Vehicles Act.

• Bharatiya Nyaya Sanhita, 2023 (BNS): The driver’s actions could fall under these sections:
  • Section 114 of BNS: Causing hurt by an act that endangers the life or personal safety of others.
  • Section 351 of BNS: Criminal intimidation, for threatening the complainant.
• Motor Vehicles Act, 1988 (as amended): This act specifically deals with traffic-related offenses.
  • Section 185: Driving by a drunken person or a person under the influence of drugs. This is a serious offense.
  • Section 184: Driving dangerously.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Since no FIR was registered, your initial complaint initiated a preliminary inquiry by the police. Your written withdrawal allows them to close this inquiry file without escalating it to an FIR, as per the procedures laid out in the BNSS.

If you are the complainant

As the person who initiated the complaint, your cooperation is key to its resolution, whether through prosecution or withdrawal.

• Understand the Police Perspective: For minor incidents, police often encourage amicable settlements to reduce their caseload. Insisting on a written withdrawal is their way of closing the loop formally and ensuring there are no loose ends.
• Drafting the Letter: Your letter should clearly state that you are voluntarily withdrawing the complaint. You can mention that the owner has apologized and you have reached a mutual understanding. This shows the withdrawal is amicable and not due to any external pressure.
• No Admission of Fault: Ensure your letter does not imply that your original complaint was inaccurate. You are simply choosing not to pursue the legal remedy available to you.
• 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

As the victim of an offense, your well-being and sense of justice are paramount. Before agreeing to withdraw a complaint, consider the following:

• Assess the Situation: Reflect on why you want to withdraw. Is it genuinely because you feel the matter is resolved, or is it due to frustration with the system or pressure from the other party? Remember, withdrawing the complaint means the offender will likely face no legal consequences for their actions, such as drunk driving.
• Your Safety and Rights: You have the right to pursue a complaint to its legal conclusion. You should not feel compelled or intimidated into withdrawing it. If you feel pressured by anyone, including the police, this is a serious issue.
• Long-Term Implications: While it may seem convenient to close the matter, consider the message it sends. Allowing a drunk and aggressive driver to evade consequences might endanger others in the future.
• 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

In incidents involving minor traffic accidents and disputes where no grievous injury has occurred, it is common for the police to adopt a mediatory role. Their primary goal is often to resolve the issue quickly without resorting to formal legal proceedings like an FIR, which involves significant paperwork and court procedures.

Impounding the vehicle is a common pressure tactic used to ensure the owner or driver cooperates and comes forward for a resolution. While it is highly improper for the police to share a complainant’s personal contact details, it is an unfortunate but frequent informal practice to facilitate a compromise between the parties. The insistence on a written withdrawal is a standard and legitimate part of this informal settlement process. It provides them with the necessary documentation to officially close the inquiry on their records.

FAQs people normally have

Q: Why do the police need a written letter if I have already given my verbal consent to withdraw?

A: A verbal agreement holds no official weight in legal and administrative procedures. A written application creates a tangible, official record. It serves as proof that the complainant voluntarily chose to end the proceedings, thereby protecting the police from any future claims of negligence or coercion and allowing them to formally close the case file.

Q: Could this withdrawal letter be used against me in the future?

A: If worded correctly, it is highly unlikely. The letter should be a statement of your intent to not pursue the matter further due to an amicable settlement. It is not a retraction of the facts of your original complaint. To be safe, you can have a lawyer draft or review the letter to ensure it does not contain any language that could be misconstrued.

Q: What happens if I refuse to go to the station and submit a written withdrawal?

A: If you refuse, the police are technically obligated to proceed with the investigation based on your initial complaint, which may or may not lead to an FIR. However, given their apparent disinterest, the complaint might simply remain pending without any active investigation. Your refusal could also make future interactions with the local police more difficult.

What evidence is required?

For the initial complaint, evidence such as photographs or videos of the vehicle damage, contact information of any eyewitnesses, and a detailed written account of the incident are crucial. If you sustained injuries, a medical report would be essential.

For the withdrawal process, the only “evidence” required is the written application itself. It is not a re-examination of the case but simply a procedural document to close it. As mentioned, it is vital to keep a received copy of this application for your own records.

How long will the investigation take?

Since the objective is to withdraw the complaint before a formal investigation (FIR) begins, the process is very short. Once you submit the written application, the police can complete the formalities for releasing the impounded vehicle and closing their file, usually within a day or two. If you were to pursue the complaint, the investigation and any subsequent legal proceedings would be a much longer and more unpredictable process.

Advocate Sudhir Rao, Supreme Court of India