You should not file a false theft complaint or ask the police to mark the motorcycle as stolen merely to overcome the RTO's requirement. You voluntarily handed the motorcycle to the scrap dealer, so describing it as "stolen" would create a false factual record and could expose you to unnecessary legal consequences.
The proper course is to approach the RTO/Transport Department for cancellation of registration on the ground that the vehicle was actually scrapped/disposed of, while explaining that the authorised scrapper/dealer is no longer traceable and that you therefore cannot produce the chassis cut-out or Certificate of Vehicle Scrapping.
Under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021, a registered scrapper is required to retain the chassis-number cut piece and issue a digital Certificate of Vehicle Scrapping (Form-4) containing, among other things, a photograph of the chassis cut-out. The scrapper is also required to update the VAHAN database.
Therefore, the absence of those documents is understandably causing the RTO difficulty. However, that does not mean that your only option is to fabricate a theft report.
I would suggest the following course:
- Prepare a written representation to the concerned MLO/RTO explaining the complete chronology: when the motorcycle was sold for scrap, to whom/where it was handed over, that the vehicle was physically dismantled/scrapped, that the scrap dealer has subsequently closed the business and is untraceable, and that you possess video/photos showing the motorcycle in scrapped condition.
- Attach whatever evidence you have, particularly:
- original RC, if available;
- your ID/address proof;
- the motorcycle registration number;
- engine/chassis details available from the RC/insurance records;
- video/photos showing the motorcycle being scrapped;
- any payment receipt/WhatsApp messages/call details with the scrap dealer;
- any witness who was present when the motorcycle was handed over; and
- an affidavit/undertaking explaining the circumstances.
- Specifically request the RTO to verify the vehicle's status in VAHAN and ascertain whether any subsequent transaction, challan, insurance or registration activity has taken place.
- Request the RTO to either process the cancellation/de-registration on the basis of the available evidence or provide a written order stating precisely why the application cannot be processed and which statutory requirement cannot be waived.
Delhi's Transport Department maintains records of deregistered vehicles by zonal office and provides vehicle-related services through its official system.
If the RTO refuses to act merely because the chassis cut-out and scrapping certificate are unavailable, you can escalate the matter to the senior officer/Deputy Commissioner of Transport/Commissioner of Transport, enclosing the RTO's written refusal and your evidence. The Delhi Transport Department's official contact information and administrative structure are available on its website.
One additional point is important: if the motorcycle was given to an ordinary kabadi dealer rather than a registered vehicle scrapping facility, the absence of a formal Certificate of Vehicle Scrapping is understandable. The 2021 rules specifically regulate registered scrapping facilities and prescribe the process for issuing the digital certificate.
Accordingly, your application should not falsely describe the transaction as theft. It should instead state:
"The vehicle was voluntarily handed over for dismantling/scrapping approximately two years ago. The person/entity to whom it was handed over has since closed the business and is presently untraceable. The vehicle no longer exists in roadworthy/usable form. The applicant is unable to produce the chassis cut-out or Certificate of Vehicle Scrapping for reasons beyond his control and therefore requests verification and cancellation/de-registration of the vehicle based on the available documentary and photographic evidence."
If the RTO still refuses, the written refusal is important, because it gives you a basis for pursuing an administrative representation/appropriate legal remedy rather than trying to solve the problem through a false FIR.