• Cheating and blackmailing for online game

I have raised a cyber crime complaint Bangalore, they had given Cyber Incident Report(CIR) , they started investigation and the person against whome I complained have their account freezed, and Instagram pages blocked and recovery of amount is under process .. When asked they said I may/may not need to file FIR after the Investigation Officer gets back to me . I have few clarifications

1) Does cyber crime police wait for FIR to be filed and only then arrest the accused ? Can arrest happen before filing FIR?

2)Now those accused are contacting me and pleading with me to take back the complainant.One guy has returned some money as well while other guy still pleading with me that they he did mistake, he is poor,has no option other than to die etc and will pay money slowly ? Both are falling under same complaint.What should I do ? They are afraid of arrest clearly

3) Now only after I file FIR, then only money will be returned to me if any. I guess it will be long process to get my money back? It might involve Going to court etc..What is exact process to get money generally? 

4) Now I'm bit relieved that accused are really afraid of cyber complaint and are not troubling me... To get recovery amount is going to take long time and so I'm okay that I have some peace now and thinking to take back complaint...What is the process to take back complaint? Is it right thing to take back complaint or just leave it as it is?
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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9 Answers

  1. Accused can be arrested even before registering FIR on the basis of Preliminary Enquiry by police if prima facie offence is found to have been committed.
  2. There is no meaning in withdrawing complaint and in the first place it has to be seen under what provisions of law the case is booked and the offence is compoundable (compromised) or not.
  3. Money will be returned to you after full trial of offence and that too if at all recovered. It is possible to trace any other property but it is difficult to recovery money.
  4. Taking back complaint is not in your power. A complaint can be taken back only if the offence is compoundable. If the accused are booked only under Information Technology Act offence can be compounded as all offence under that Act can be compromised but other provisions of Indian Penal Code, 1860 are invoked by police complaint can be taken back.

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

 

you don’t need to file separate FIR 


2) Don’t take back the complaint t unless you receive your money 

 

3)  you can inform cyber crime unit that you have received your money and have no objections if complaint is closed 

 

 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

1. An FIR is filed only when the offence is of cognizable nature. In non-cognizable offenses, the informant has to approach the officer in charge.

The power of investigation of a police officer is the same in cognizable and non-cognizable offenses, except the power to arrest without a warrant.

A brief understanding of the FIR not only empowers an individual with their rights but also helps them to decide the proper course of action when they are at the receiving end of a cognizable offence.

2. If the FIR has not yet been registered then you can decide to pardon them, condone their acts and can enter into a compromise  before withdrawing the complaint, it is up to you, there is no force on you about the course of action that you may decide.

3. The criminal court may not fetch you the relief of recovery of the money due to you.

Thuis criminal case will help you to put pressure on the accused to repay the amount due to you oin the fear of arrest.

For recovery of your money you may have to approach civil court as per provisions of law if they do not comply with the conditions to compromise the criminal complaint.

4. Without getting an agreement written on  non judicial stamp paper about the mode and terms of settlement/repayment of the amount due to you, it would not be advisable to withdraw the complaint in a hasty manner without understanding the future obligations.

 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

1. If you have filed your complaint via online , then there is already Internet FIR number is mentioned , and an I.O. has already appointed for the investigation against the accused. 

- Further, you can get the status of that compliant after filing an application before the court as well. 

2. If they are ready to settle the dispute with you , then you can withdraw your compliant 

3. FIR filed on a compliant for an offence , and the court will punish the accused if found culprit i..e court will not pass order for refund the amount to you.

4. You can give an undertaking to the I.O of the case that you wanted to withdraw the compliant ,then after taking that undertaking from you , the compliant will come to an end. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. FIR has to be filed to arrest the accused.

2. The criminal law process is set into motion only with the filing of FIR.

3. It is for you to decide whether to accede to the demands of this guy and withdraw the complaint or take it to a logical conclusion.

4. The money can be returned even before the filing of FIR if the accused feel the heat of police.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

 It seems police like to get it closed during preliminary investigation.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1)  arrest can happen but then police will convert the complaint to FIR. 

 

2) Its your choice. How their motive of future can be predicted.

But once they are arrested then they have to spend on bail and case.

Also you have to appear in court.  

 

3) You are right,  it will be long process to get my money back.

Without going to court you will not get.It will be based on recovery and civil suit.  

 

4) You can inform the cyber crime unit to take back complaint or close it based on money recovered.

If FIR is registered then only through court it can be closed by compounding.

Ankur Goel
Advocate, Bangalore
454 Answers

Dear Sir,

1) Police file FIR if there is cognizable offense, on your complaint police is conducting inquiry if cognizable offense are found out you do not need to file another FIR.

2) If you want to take their offer you can ask the police investigating that your money was returned and you would like to close the complaint

3) If FIR and chragesheet is filed then Money will be returned after the long process of court trial if any was recoverable.

4) You should also not take back the complaint unless you get all money back.

 

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. The accuser lodged police complaint and after primary investigation the police registers FIR based on the said complaint. So, you won't have to file a FIR afresh. You have already lodged the police complaint.

 

2. They have caused a crime for which they will face trail before  the  Court. If you get back your money then you might consider withdrawing the complaint, if you so desire and if the sections of the crime caused are compoundable.

 

3. The Court will direct them to return you the said amount.

 

4. Take back the amunt and leave the matter as it is. If you are called by the Court to testify, you depose that one has paid some amount claimed and not the full amount.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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