My ex wife had filed a false Domestic Violence and Dowry Harassment case under Section 498 A in September 2015. I had no FIR registered against me by my ex spouse and the case was directly filed in the district court. In response, we too had filed a quashment in the high court in November 2015. However, later on my ex wife came to her senses and initiated for divorce on mutual consent and said she would withdraw the 498a case. We took divorce on mutual consent which was finalised on March 2017 and I got the decree for the same. Thereafter after consulting with my Lawyer, he said that I am free to move abroad and I moved abroad in August 2019. I now need a Police Clearance Certificate from India for a license application here in Australia. I wanted to know if there would be any problems in obtaining a police clearance certificate? Do I need to mention that I was involved in a criminal activity in the application form? Do I need to mention if the case is pending or not? As far as I got to know from sources that my ex wife has been married again. There is no FIR registered against me in my local police station and I have a clean record otherwise and the case against me was never proved. Kindly advise. Thank you.
1) has your wife withdrawn the 498A case filed against you ?
2) if so there is no pending case against you
3) you would get PCC
4) if there is pending case the details of pending case have to be mentioned by you
5) in such a case PCC would mention pending case against you
You have to get the order of court in 498-A case that it is quashed.
If criminal case against you is quashed then there isno problem in getting a clear PCC. You should mention the case which was filed against you .
If pending yes you have to mention same. See her re-marriage and divorce doesnot have any implication on 498a case, the criminal case need to be quashed or you need to be acquitted from same.
1. You would need a Court order which says that the 498A matter has been infructuous and discharged in your favor. Based on which the Police clearance certificate can be applied for.
2. Past and Present status /narration of any Police /Court proceedings have to be always disclosed with supporting documents. Otherwise it would be termed as misrepresentation, for career purposes.
Keep Smiling .... Hemant Agarwal
Hello,
there will be no problem.
though you will have to declare the same in the police verification form and declaring that the same in now over.
no person is considered guilty in India until and unless proved. But still you will have to disclose the same before the police to avoid any problem in future.
regards
If FiR is not registered you can obtain PCC normally without any hassle.
Incase if FIR registered FIR quashing order itself will be treated as clearance. Take out a certified copy of quash order from the court
Dear Client,
If no charge sheet filed by police or criminal case withdrawn by wife, you are free. Clearance certificate will issue by police without any complication. And such cases are of domestic nature, so no need to mention as you were never involved in any criminal activity.
What about the criminal complaint she had filed before the court directly, did she withdraw that as not pressed or is it still pending before court?
What is the status of your quash petition before high court?
The police clearance certificate would be issued on the basis of the records held by the police, however it becomes your duty to mention the pending criminal case before a judicial magistrate court.
you need to state the true facts in the said application as it can be verified. If the said case is quashed it is clear that there is no pending case against you.
1. Has she withdrawn the case filed against you or was the said case been disposed of or dismissed?
2. If no then it is still pending and you are required to get it quashed by filing an appliucation before the high court u/s482 of the Cr.P.C.
3. Once the said 498A case is quashed by the High Court, you can very well write that there is no criminal case pending against you.
4. However, you can of course write that you were never involved in any criminal, activity since if any false complaint is lodged against you, it does not prove that you were involved in the said alleged criminal act unless it is proved before the Court.
