Hello Experts, Due to Marital Dispute with wife and non-availability of Marriage Certificate at time of Tatkal Passport Renewal the Marital Status is declared as Single instead of Married on my Passport. While myself and wife where fighting divorce cases wife also complained to Passport office and initiated FIR against me under section 12(1)(b) of Passport Act for suppression of Marital Status on Passport. Under section 12(1)(b) there is a clause of fine as well as term punishment. However recently myself and wife signed Settlement Agreement at the SC Mediation center in New Delhi. We both are going for Mutual Consent Divorce and all cases will be closed by SC under section 142 or withdrawn in a month. It is also stated in Settlement Agreement that Wife is withdrawing Passport related complain and has no objection if this FIR is Quashed by HC. Situation now: Recently i have received phone calls from the Police Station that they are going to present Challan to ACJM in my city under Criminal (Misc) cases and i can be present in front of ACJM on any convenient date, police says most likely ACJM will collect fine. In parallel i had applied for quashing of this FIR at the HC. The objective is that i do not want to spoil my track record at the Police Station and be declared an accused because it will affect my future Passport and Visa applications for job as they check for 10 years of criminal cases history. Question : What is better option among appearing before the ACJM and pay fine be declared an accused VERSUS not appear before the ACJM and wait for the quashing of FIR in HC with help of Settlement Agreement ? Also in case i appear before ACJM and pay fine then can the FIR still be quashed later by HC and the accused tag can go away ? Any other advise ?
1. you can appear before the ACJM Court, and, simultaneously, apply for quashing of the FIR in the concerned High Court,
2.once the FIR got quashed, all the relevant proceedings will terminate and you will be free from all relevant tags,
3. absconding from the Court may indulge you in more legal complications
Since you have have entered into settlement agreement with wife best option is to file for quashing of FIR in HC
See if there is settlement it us better to appear before high court for quashing in case already there is settlement you can seek priority in your matter on ground of consent wife and you both can be present and high court may record statement and quash the FIR on the same day.
Don`t pay fine - if paid - acceptance of guilt - accusation proved. Better take an adjournment and process quash petition in HC.
1. You can appear before ACJM and claim trail for the case it give you time for quashing of FIR.
2. Once you pay the fine then there will be no benefit served by quashing petition as it should be done during pendency of case.
You have to appear before the magistrate court once you are summoned to appear the court on the charges and the said criminal case.
You can file a discharge petition seeking to discharge you on the basis of the supreme court decision on the mediation conclusion, which may be accepted on getting an affidavit given by your wife expressing no objection to this withdrawal or discharge, if the lower court do not accept your request and dismisses your petition for discharge filed under section 239 cr.p.c. then you can file a petition under section 482 cr.p.c. before high court for quash of FIR.
At high court also you may have to follow the same procedure by asking your wife to file an affidavit in person expressing NOC to the quash petition.
Since only the High Courts have been entrusted with the power to quash an FIR U/S 482 Cr.P.C (as Inherent Powers of the High Court), the parties have to file a joint quashing petition praying that the matter has been amicably settled and therefore the present FIR be quashed. Once the High Court is satisfied that the matter has been amicably settled and justice requires, the High Court can quash the FIR u/s 482 Cr.P.C read with Article 226/227 of the constitution of India irrespective of whether the chargesheet has been filed or not.
file the copy of the settlement before the ACJM Court and informed to court that the matter has been settled and the quashing has already been filed, the trial court shall not proceed against you. you are the accused and there is no effect whether the challan has been filed or not. so no need to worry.
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1. Your wife has no locus to either compound the offence under Section 12(1)(b) of Passports Act or get it quashed despite the settlement arrived at. Only the Regional Passport Office on whose complaint the FIR was lodged can compound the offence or agree to seek quashing of it. The victim of the offence under Section 12(1)(b) of Passports Act is not your wife.
2. Unless the HC has granted a stay on the filing of challan you have to appear before the court concerned and apply for bail when challan gets filed,else warrant will be issued.
3. Once you pay the fine or serve any other punishment awarded by the trial court then there is no question of High Court quashing the FIR as punishment is awarded only when the person has been held guilty at trial.
Yes FIR if quashed by high court nothing remains against you
Hello all, recently all the Martial Dispute cases filed by wife against me have been quashed and Divorce has been granted by the Supreme Court in an order on basis of the Settlement Agreement terms arrived between wife and myself. As next step i have to show copy of this Supreme Court order to lower courts and get the Marital Dispute cases against me closed, like 498a, 12 DV etc. I have heard that if there were any past FIR or cases against a person it effects the background checks and police verification. The question is what care should i keep or any specific language required for case closure by lower courts which i should request, so that i do not face any issues in future related to these cases like in Background check by company or passport police verification etc. ?
Since SC has quashed these cases it would not affect your job verification
2) you would not face problems in issue of passport
You need to inform tyr said police station and authorities about the same and request them to clear the said background.
The background checks of the company is about any pending criminal cases against you.
If you have got all the criminal cases pending agaisnt you, quashed by an order or supreme court, you can file a petition before the concerned courts to discharge you from the cases on the basis of the quash orders passed by the supreme court by producing the certified copy of the orders of the supreme court.
After having been discharged from each of the pending cases against you, no adverse report shall be given by police in the background verification because the copy of the discharge order would be sent to the concerned police stations too.
once FIR quashed Court send intimation and certified copies to Concern Police station .
1. In case the FIR is quashed in background check the cases are not reflected. Further, the order of SC of quashing will be served upon lower courts there is no language to close cases only the order is required to be served upon the concerned court.
- You should appear before the court of ACJM , and inform therein that the petition for quashing FIR is before the High court , and request to stay the trial of the case till the final disposal of the quashing petition.
- If you will pay the imposed fine etc , then legally you will be not acquitted from the case , and tag of accused will be with you, hence just inform the court on the date of hearing .
- If the High court will quash you FIR , then it will not affect the police verification .
You have to inform them that the case is about to be settled in the SC.
Once all the cases are closed and the FIR quashed there will be no problem as no cases exist as of today against you. It means as if no cases were filed against you.
You may declare to anyone that no cases have been filed against you.
You will not face any problem due to these FIR because they are quashed by High court and all records related to this FIR become null and void and it will not be a problem for you in future during back ground verification.
If still police give adverse report due to this FIR you can make complaint against verification officer.