When the police submit a closure report (also known as a "cancellation report" or a "final report") to a judicial magistrate, it signifies that the police investigation has concluded without sufficient evidence to file a charge sheet. 

The magistrate then reviews this report, exercising their discretion to either accept it, reject it, or call for further investigation.

 If accepted, the case is typically closed, and the accused may be released from custody. 

If rejected, the magistrate can order the police to continue the investigation or take cognizance of the case themselves

The complainant (the person who filed the FIR) has the right to be heard before the magistrate decides on the closure report.

 They can file a "protest petition" to challenge the closure report if they disagree with the police's findings. 

In that case if she states that she withdrew the complaint on pressure and on promise of marriage and now you are  not willing to go ahead of the proposed marriage then the court may even go ahead with the trial proceedings.

If court admits then the case will be dismissed and you would be acquitted 

She cab file fresh complaint against you in future 

Take the plea that you never agreed to marry her 

The Magistrate is likely to accept the closure report unless new, credible evidence contradicts the findings. Since you have not given any marriage commitment, this claim does not legally bind you or affect the cancellation.

Current Status of the FIR and Procedure Forward

Since the FIR registered under Section 69 of the Bharatiya Nyaya Sanhita (BNS)—which pertains to criminal intimidation—has been found false upon police investigation, and the SHO has filed a closure report (Final Report or ‘B-summary’) before the Magistrate, the next legal step is as follows:

• The Magistrate will take cognisance of the closure report under Section 173(2) CrPC (now its corresponding BNS provision) and has three options:

  1. Accept the closure report, thereby treating the case as closed.

  2. Reject the closure report and order further investigation.

  3. Issue summons to you if he/she disagrees with the closure and finds prima facie material to proceed.

Given the girl has admitted in her 164 CrPC statement before the Magistrate that the complaint was being withdrawn, the chance of the Magistrate rejecting the closure report is very slim.

You or your lawyer can also appear before the Magistrate when the closure report is considered and file a protest application seeking your discharge based on false allegations and requesting that the closure report be accepted.

2. Can the Girl Reopen or File a Fresh Complaint?

Technically, she cannot reopen the same FIR once the final report is accepted by the Magistrate and no protest petition has been filed from her side. However:

• She may attempt to file a fresh complaint or influence another FIR with modified facts.

• She may also try to initiate civil or cyber complaints, or misuse provisions under laws like the Protection of Women from Domestic Violence Act, Section 354 (outraging modesty), Section 376 (rape), etc., if she falsely re-characterises the past interaction.

But such complaints will lack legal merit, especially since there is already a record of the false allegation, her retraction under Section 164 CrPC, and the police closure report.

If any such future complaint is made, you can rely on Section 300 CrPC (principle of double jeopardy) and the previous investigation records to protect yourself.

3. Legal Steps You Should Take to Safeguard Yourself:

✅ A. File a Complaint for False Case / Malicious Prosecution

• Once the final report is accepted, you have the right to initiate legal proceedings under Sections 182, 211 IPC (or corresponding BNS Sections) for false information to public servant and false charge with intent to injure.

• You may also seek compensation for mental harassment, loss of reputation, and legal expenses.

✅ B. File a Criminal Complaint for Criminal Intimidation & Extortion

• Her statement that she would only withdraw the complaint if you agreed to marry her amounts to criminal intimidation and extortion.

• You can file a criminal complaint before the Magistrate or police station against her under relevant provisions of BNS Section 69 (criminal intimidation) and Section 78 (extortion/cheating by coercion).

✅ C. Preserve All Records:

• Keep all digital communication (messages, emails, chats).

• Preserve the certified copies of:

  • FIR,

  • Police closure report,

  • Her 164 statement,

  • Magistrate’s acceptance of the report (once granted).

This will help you defend yourself against any future malicious attempt.

✅ D. Legal Notice / Suit for Defamation (Optional):

• You may also send her a legal notice for defamation, and if she continues to malign your character, initiate a civil or criminal defamation case.Thanks & Regards
  Legal Corridor
  Adv. Aman Verma

• FIR has been cancelled based on false charges; SHO submitted closure report to court.

• Magistrate will review and accept the report—no action needed unless court calls you.

• She cannot reopen the same FIR, but may file a fresh complaint, though it's unlikely to hold.

• To protect yourself:

  • Keep certified copies of FIR, 164 statement, and closure report.

  • File a general diary/NC complaint stating fear of future false cases.

  • If harassment continues, file a case under Section 211 or 506 IPC.

No further complaint but she can file protest petition in court for further or re investigation. 

WHAT I UNDERSTOOD FROM YOUR QUERY AND MY ADVISE ACCORDINGLY:

Since the police found the FIR to be false and the girl admitted to withdrawing the complaint, the Station House Officer (SHO) has cancelled the FIR and filed a cancellation report before the Magistrate. The Magistrate will now review the police cancellation report under Section 173 of the CrPC. The court will either accept or reject the report.

You should stay informed of the date when the Magistrate hears the cancellation report. You can appear through a lawyer and ensure that your version is submitted as part of the record. The Magistrate has the authority to either accept the cancellation, order further investigation, or even take cognizance if he suspects foul play or material suppression. Since the girl gave a statement under Section 164 CrPC before the Magistrate stating she is withdrawing due to your supposed agreement to marry, the court might inquire further into whether there was any coercion or compromise. You should assert, through your lawyer, that you never gave such consent and her statement was unilaterally made.

Even after cancellation of the FIR, she may file a protest petition challenging the cancellation report. The Magistrate has the power to treat such a protest petition as a private complaint and may summon you again. However, since the case was already found to be false and the 164 statement is on record, the chances of her succeeding in reviving the same complaint are low, unless she introduces new evidence.

To safeguard yourself in the future, you should retain certified copies of the following documents:

• The FIR and the cancellation report,
• The 164 CrPC statement of the girl,
• Any communication or record from the police inquiry.

You should also preserve all electronic evidence (chats, messages, call logs) from your interactions with her, which will serve as proof if she attempts to file a fresh complaint. If you feel there is a risk of repeated harassment, you can file a complaint under Section 182 IPC (false information given to a public servant) or Section 211 IPC (false charge of offence made with intent to injure), provided you have strong documentation. In serious cases, a civil defamation suit or a criminal complaint for malicious prosecution can also be initiated.

Finally, you can submit an application for anticipatory legal protection by informing the local police station about the previous incident and requesting not to act upon any fresh complaint from the same person without prior inquiry, especially if the motive appears malicious or extortionate.

If you want, I can help you prepare a legal representation for the Magistrate hearing the cancellation report, or a complaint for false FIR under relevant IPC sections.

In case you need my assistance in the matter I can be contacted on 

Regards,

SYS Law Offices

Date: 08.07.2025

Location: New Delhi

- Section 69 of the BNS, 2023, deals with sexual intercourse obtained through deceitful means or a false promise of marriage

- Since , she has already given her statement under section 164 before the judicial magistrate , and there was no such condition to withdraw the complaint , then she cannot re-file a further FIR on the same cause of action. 

- As per Supreme Court consensual intercourse is not an offence , if she is a major.

- However, you should take order from the Court and also the said statement .

Dear client,

• What will be the future proceedings if the complaint filed under section 69 BNS, has been withdrawn by the complainant on the ground that the defendant has agreed to marry her, when no such promise has been made? Can the case be reopened in the future?

The complaint has been withdrawn by giving a 164 statement before the magistrate, specifically stating that she is doing to because the defendant has agreed to marry her. However, the police investigation has confirmed that no offence u/s 69 has been committed, and subsequently, the SHO has submitted the closure report to the magistrate as well.

At the stage wherein this report is placed before the magistrate, the petitioner can raise her objection, and request the court to reject the closure report and order further investigation of the matter. However, once the closure report is submitted, this can’t be done. The petitioner may either file a private complaint under 223 of BNSS, on similar facts attesting fresh evidence, or move the High Court under Section 482 of BNSS, requesting the closure report to be quashed.

• How to safeguard myself from future proceedings?

Submit a written complain to the police, explaining the previous false complaint, the malicious intend of the complainant and the mental agony that you were put through because of the false complaint.

If you want to proceed legally against the damages suffered by you as a result of the malicious prosecution brought about by the complainant, you may file a civil suit for damages. In addition to this, invoke penal provisions such as section 121 of BNS (false information to public servant), section 220 BNS (false charge with intent to injure) and section 356 BNS (defamation).

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

DEAR SIR,

Once the case is closed and Final report is submitted by the police, you are advised to be cautious in future and aovid similar situations or any contact of that lady/girl who filed the complaint against you. Also, if she claims anything in future, just be ready to answer all the things so that the things will be your favour.