• What is the significance of a police complaint? What is the difference between a complaint and FIR?

Few years back I hired a person to do some construction work for me. We got into dispute and he filed a complain against me at the Police station. He was from SC/ST community. The police called me and asked to resolve the matter. Eventually, we settled the matter and the complaint did not go further. 

I am now thinking of joining Armed forces. Can such complaints show on my record? 
What if an FIR is lodged? Can you get the FIR off your criminal record?
Asked 6 years ago in Criminal Law
Religion: Hindu

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16 Answers

Only police complaint has been filed and no FIR filed by police 

 

2) if FIR was lodged police would have completed investigations and filed closure report or charge sheet against you 

 

 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

 No, if it was just a Police Complaint which wasn’t converted into a FIR and was closed after investigation, this shouldn’t reflect in your records 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Complaint is an allegation which is made orally or in writing to a magistrate. FIR is given to an officer in charge of a police station. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you can apply for govt job it's just a complaint. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

It would not show in your records when you apply for govt jobs or in armed forces 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

It appears on the basis of complaint and in the context of settlement no FIR was registered.

Still get in touch with the said police and take information whether FIR was registered or not.

if not then you can mention in your application for the job that no FIR was ever registered against you.

In many case police does not register FIR even if there is written complaint and yours is such type of situation. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

No since there was no cognizance on complaint it will not show in any records.

In case FIR is lodged it will show it is then a criminal case . Though if FIR was registered then you have to face trial or get it quashed from high court so in your case there is no FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No it will not show or appear in any records.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. An FIR is lodged based on some serious cognizable offence.  A complaint will not show on any Police record, for police verification purposes.

2.  IF the matter was resolved amicably THEN obviously Police FIR was not filed and you can safely proceed to join any Govt. Job, Armed forces.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

No, just a complaint will not show against your records.

FIR is a First Information Report. It relates only to cognizable (criminal) offences. On the other hand, police complaint can be cognizable or non-cognizable offences.

FIR and Police complaint are two different terms with different meanings. Though they are related to complaints, they have different offenses and complaints where FIR and police complaints are registered accordingly.

In a First Information Report, a complainant who is aware of the offense, as an eye witness and as hearsay account, lodges an FIR. It is information given to the Police Officer. FIR is a very serious registration that one can make. It should not be gossip and that should be traceble, and after the complete investigation the source takes the responsibility. An irresponsible rumor should not result in the registration of a FIR. It is mandatory to give a copy of the First Information Report (as recorded by police) to the complainant or the informant free of cost.

A cognizable case means a case in which a police officer may arrest without warrant, in accordance with the First Schedule of Cr.P.C. (1973), or under any other law for the time being in force. Whereas, non-cognizable offence means in which a police officer has no authority to arrest without warrant.

On the contrary, a Police Complaint can be a cognizable or non-cognizable offences complaint. Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the Cr.P.C. (1973), that some person (whether known or unknown), has committed an offence. It can be related to a robbery, accident, murder, etc. Thus, it is quite possible that a police complaint can also be converted into FIR, if the investigation proves to be a serious matter.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

NO FIR filed. NO record.

SC/ST act is strict, if FIR would have filed, you must be arrested.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

 - A complaint means a grievance expressed by a person to state certain things/facts.against other person , report to the Station House Officer within the local jurisdiction of whose police station that incident has occurred.

- Further any person can file a complaint , and it is not necessary that only an aggrieved person can file a complaint.

- Whereas , a criminal case begins from the filing of a First Information Report (FIR). It is the first stage in criminal proceedings.

- Since, there was only a complaint against you , and further it was already resolved Hence, due to disposal of the matter , there left no record with the police official . 

- Dont worry , and proceed further for future ambitions , nothing is there to worry.

 

Good luck and dont forget to rating Positivley.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

No complaint will not be shown in  your records 

FIR was not lodged because if FIR was lodged then you may had to face trail in court.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Since the matter has been solved by police, there is no FIR registered hence you need not be worried on that count.

You can join any force, there is no restriction on that because of this complaint which has been closed.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

It will not reflect in the police records because the complaint has been close by the police after the settlement was arrived between you and the complainant.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If FIR is recorded you needed to disclose the same if you get selected and the form needs such information

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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