• Mediation

In a criminal case if mediation is done what happens to the FIR? Does the criminal record show anywhere after mediation or affect Visa grant?
Asked 2 years ago in Criminal Law
Religion: Hindu

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22 Answers

If the mediation process is successful then there is nothing else to do by the police. If the mediation fails then tge police goes ahead with the investigation ad may arrest you if the charges are grave.

Rahul Mishra
Advocate, Lucknow
13220 Answers
48 Consultations

5.0 on 5.0

Mediation has no bearing on the FIR. If the matter is settled between the parties in mediation proceedings, then the parties can jointly move a petition for quashing of FIR in High Court in case of non compoundable offences. In case of compoundable offences, the matter can be compounded in the court itself where the matter is being tried.

Criminal cases against person do affect visa approval from various countries. It depends as to what are the charges. 

it would be better if you elaborate as to what charges are levelled against you in the said FIR in order to give you a more detailed advice on this issue.

Siddharth Jain
Advocate, New Delhi
5820 Answers
88 Consultations

5.0 on 5.0

In Manas Acharya vs State & Anr Case,the Delhi High Court while hearing a petition for quashing of an FIR filed under Section 498A of IPC held that the settlement agreement executed before the Mediation Centre between the parties is a comprehensive legal, valid and binding document.

 

2) if case is settled it would not affect your visa 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Quashing should not take more than 3 months 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

See in case the settlement is there and the criminal.case is of nature of matrimonial case or some dispute between parties then in that case on settlement a consent quashing can be filed.

Once FIR is quashed there is no record of same.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

See in consent quashing, the court in one or two hearing in presence of parties may quash the FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

Mediation is a attempt to settle the matter. If settled it can be Quashed. Mostly matrimonial matters can be settled through mediation

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

It may take time. Depends upon the facts and circumstances of the case.

Will take 2 3 hearings. One month.

Rahul Mishra
Advocate, Lucknow
13220 Answers
48 Consultations

5.0 on 5.0

1. what is the outcome of the mediation? I am presuming the same in your favor,

2. Quashing of the FIR will take 2-3 hearings only,

3. No effect on Visa

 

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

1. The proceedings can be kept on hold while mediation is in progress.

2. If eventually mediation succeeds then offence can either be compounded or it can be got quashed from the HC.

3. It will still show up in the record of the man.

4. It takes not more than a hearing for compromise quashing to succeed.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

Ans: Approach the High Court for quashing of FIR. Even if mediation has taken place the FIR will be lodged unless it is quashed and set aside by an order of the High Court. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

The further proceeding of mediation has nothing to do with the merit or outcome of the FIR.

Only of the mediation succeeds then only the Police cna close the the FIR is the allegations are private in nature. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

Until it is decided to settle the matter in a compromise between the aprties the FIR shall remain effective. 

While dealing with false cases of domestic violence under section 498A of India Penal Code in a landmark decision the Hon'ble Supreme Court in the case of Geeta Mehrotra & Anr. V. .State of UP categorically observed that “mere casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute specially if it happens soon after the wedding.”

.. In case the mediation is successful than the FIR will be quashed automatically by Court.

 In case the mediation fails than the Court shall hear the arguments of both the sides and decide the case on the basis of the facts and circumstances of the case.

 

T Kalaiselvan
Advocate, Vellore
75051 Answers
1263 Consultations

5.0 on 5.0

It takes around 4 to 6 months for a successful mediation to get concluded.

. In case the mediation is successful than the FIR will be quashed automatically by Court immediately.

T Kalaiselvan
Advocate, Vellore
75051 Answers
1263 Consultations

5.0 on 5.0

Even on quash of criminal case on mediation between parties, result of case will show in police verification. It will show withdrawn/quash by HC.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

- Mediation is not enough for cancelling the FIR . It is only a way of settlement between the parties.

- As per law, only High Court is having power to quash the FIR .

- Quash means to nullify, void or declare invalid. The procedure is used in both criminal and civil cases when there is an irregularity or defect in procedures. 

- Hence, after quash, the said FIR will have no effect on Visa grant. 

- It will take maximum 2 to 15 days after filing the petition for quash. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

Mediation does not mean the closure of the case.

The case closes only when the police files it's final report in the court. If Charge sheet is filed the case will move accordingly.

Just file a quashing petition in High Court and after the police report the HC may decide on quash petition.

Please rate the answer if you like it.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

if mediation doesn't work Then police register FiR and investigate the case . If dispute settled in mediation then parties can jointly move a petition for quashing of FIR in HC .

I do not think the FIR will effect the Visa in any way, unless it was you who committed a henious crime.

After quashing, you may have no effect.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

it takes between 2–6 hearings to get the case   quashed which will take anywhere between 30 days to 4 months.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

Depends upon gravity of offence committed. Not all offence can be settled through mediation. 

Quashing on the basis of compromise agreement/mediation usually takes lesser time.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

Dear querist,

if a criminal case is sent to the mediation that means its a compoundable offence(can be settled) therefore, no F.I.R is registered for such offence as they are non-cognizable offences. The police complaint was later converted into a case. If the mediation is successful, there will be a mediation report filed in the court and a settlement order will be formulated and you will be discharged by the court of law. hence, no history of conviction can be there and no criminal record will be there in your name.

You can contact me for consultation if any.

Regards,

YUGANSHU SHARMA

ADVOCATE

DELHI HIGH COURT

Yuganshu Sharma
Advocate, New Delhi
396 Answers
1 Consultation

5.0 on 5.0

After mediation or compromise you have to file petition for quashing of FIR in High court.

Or the complainant should give statement in favour of accused to get him acquitted in the case which will not affect grant of visa. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

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