• I want passport for Canada PR and holding a pending case

I am holding a pending case of 363,366,376 & POSCO Sec 4 in Kalyan Court. It was run and elope marriage. Got bail on basis of Marriage affidavit which was made after eloping. Showed her minor but now 5 years down the line both are married with kids but married not to each other. I want to get out of this and want to go abroad for work and settle. Need guidance and resolution.
Asked 7 years ago in Criminal Law
Religion: Hindu

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18 Answers

Normally when a criminal case is pending before the court, the accused person need to apply and take permission of the court concerned, to go abroad. If the lower court is rejecting that permission application, he can approach the Hon'ble High Court seeking the same relief and so he can go abroad. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See in case if either the case is quashed or you are acquitted then only you can apply for passport and Canadian visa till pending the case you cannot.

If other side gives consent that she went away with you knowingly and you were not aware.of her age then case can be quashed.from.high court and you can scout free.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

Ask that girl to mediate the issue and thereafter on the basis of the mediation get the case disposed off and thereafter only you will get a positive police report otherwise you can not do anything without the permission of the court since you are on bail. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

hello

       the case must have been filed by the girl's parents as is usually the case. after the marriage certificate was shown the HC must have granted t=you the bail. if the case is still pending then move a petition in the HC for quashing of the FIR against you as the criminal charges were false and serve no purpose.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

file petition for quashing under section 482 of cr pc in HC based on settlement arrived at with the girl 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

See if the witnesses are hostile in the trial court girl denies allegation of sex, change her statement and further contend that you were not aware of her age amd you both eloped in love.

See.its POSCO and 376 hard to get quashed but you can dating marriage affidavit and eloping love can try for quashing petition in high court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file petition in HC for quashing of FIR 

 

2) girl can execute consent affidavit 

 

3) HC can quash the FIR as you had married the girl and arrived at settlement with her 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

A petition should be filed in the hc for quashing of the false fir.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

POCSO cannot be quashed in high court. Settle matter before trial court. Hostile the victim girl and finish the matter

Pramod Shankarappa Dhule
Advocate, Pune
29 Answers

if the matter is settled then You can Quash FIR under section 482 crpc in High Court. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You need to enter into a compromise with the complainant/victim and on the basis of the said compromise, approach the High Court and get the proceedings of the relevant criminal case against you quashed.  

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. Since both of have settled in your respective life, digging this case by the de facto complainant will cause any good to the victim girl.

2. So talk to them and settle this amicably so on this basis trial is commenced and ended on your acquittal.

3. Once you are acquitted of the offence getting PR in a foreign country would become easier. At this stage the Canadian government is unlikely to issue such PR 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Client,

File writ in HC for quashing of FIR/Trail on the basis of settlement between parties and also except posco charges other charges are invalid. And no actual consummation effected.

The Madras High Court has quashed a case booked under the Protection of Children from Sexual Offences (POCSO) Act, 2012, because the victim, was hardly a few days away from attaining majority, did not want to pursue the case as it would affect his studies and his future career.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If the case is pending before court then you may have to contest the same on merits and documentary evidence in your support.

You may even try the option for squash with the support of the defacto complainant.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you have talked to that girl and if she is agreeing for settlement then you can file a petition under section 482 cr.p.c. seeking to quash the case and she can file an affidavit before court expressing no objection to your petition.

Try to convince her.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Sir,

If victim is agreeing to pardon you then you can file 482 petition and also file affidavit of her.  The court will ask few questions in the open court to the girl and criminal proceedings will be closed. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can try your luck for mutual consent quashing as no fruitful purpose will be served after settlement. You can consult me through kaanoon. I have matters at Kalyan court. Will assist you.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Get in touch with a lawyer with entire set of document FIR to know as to how the same can be quashed under 482

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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