• FIR quashed and PCC

Hi, 
I had a FIR back in 2011 and it was quashed in high court in 2013. 
Since then i have had many visa stampings, travelled to many countries . On education as well work permit which requires background check !!
I even renewed my passport in 2015 and it needed a police check.
Now i am filing for permanent residency and it needs a PCC ,

What should be my answer while filing PCC on “ever arrested/convicted” etc. ? 

As FIR was quashed in high court, what would the PCC show ?
Asked 3 years ago in Criminal Law
Religion: Hindu

3 answers received in 10 minutes.

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36 Answers

If you were arrested mention arrested subsequently FIR was quashed and discharged. If no arrest you must state you are discharged of offence if there's description column mention date of order and case number. Each country will have seperate template im the form. 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Tge FIR was quashed so at present there is no criminal case pending against you. The fir doesn't exist anymore. You weren't convicted or arrested. Therefore NO.


They would clear you. 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

As FIR is quashed there no question of any pcc issue, you will easily get the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

It should be NO....

Quashing of FIR gives this advantage 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. If FIR is quashed their is no convection though if arrest in that FIR you have to mention same.

2. It will show no criminal record against you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You will get clear PCC without any criminal history. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes police clearance certificate will show FIR was registered but subsequently quashed. You need to submit copy of the judgment and order to the police station as well as where you are applying for permanent residency to avoid further complications 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

It would be CLEAN.

Even if you were arrested then that becomes immaterial once you are exonerated from an offence and acquitted.

Therefore your report should not show any adverse entry.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Even if you got the bail as per the Supreme court decision the same amounts to arrest.

So you have no option but to answer positively. 

Even if the FIR was quashed the copy of the FIR record of the case is still available with the concerned police. 

So hiding the information is not prudent decision. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Once Quashed nothing remains

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Since the FIR was quashed, it cannot be said that you have been convicted.

You can write nothing in the application for PCC about the FIR because the FIR has been quashed.

As the police have not given any adverse report in the earlier applications, they may not give any adverse report this time too.

In any such an event you can get a direction from high court to the concerned police to issue PCC without any adverse remarks.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Since the high court has quashed the FIR, the police records will be maintained accordingly i.e., the case closed by high court quash, hence no adverse report may be given to your PCC application.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If you hide then it will be concealment. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Yes file for PCC explain in detail the PCC must state that FIR was registered and was subsequently quashed by the court. Since it was quashed by high court police cannot say nothing adverse was found as such annex the entire order sheet of high court 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Straight forward you can mention that FIR were quashed and the police officer didn't find anything crime happened from you. Mention all truth do not hide anything. 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

You shouldn't give details about the case. If they have asked whether you were arrested or convicted just say no.

I don't know how tge Canadian authorities would react to the lodging of an fir. Maybe it was a petty matter but they may take that into consideration.

If they are asking for detailed information then you may give the details.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You should mention that FIR was filed against you and quashed by HC 

PCC would not show any case against you 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

It would mention nothing adverse was found 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You should not suppress any facts mention that FIR was field and quashed against you 

 

enclose copy of HC order 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. You were not convicted as FIR was quashed.

2. The bail that you get from police station is release from detention after arrest. So unless the arrest had taken place you could not have been released. Being put in lock up or sent to judicial custody alone does not mean that person is under arrest.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The record of case will shop up in police records even if the FIR is quashed.

2. It would show that FIR was filed but was quashed by the HC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You need to mention about FIR and its quashing details.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

You will have to say arrested but not convicted.  FIR quashed. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Sir,

If you try to explain “an FIR was filed and subsequently quashed”, no body understand the meaning behind it. Just say No to the questions like “ever arrested/convicted” etc. ? Quashing means it wipes off all previous actions of arrest etc..

You may read the following to understand more.

==============================================================

PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT

Non disclosure of conviction in minor offences like traffic offences, railway offenses and other offence is not a substantial offence and not regular trial is held so supreme court says as follow. You should not disclose, nothing will happen. You will be safe. 

==========================================================

PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT

Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.

Coming to the rescue of student leaders who face difficulty in landing a job because of police cases for leading protests, the Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.
"'McCarthyism' is antithesis to constitutional goal, chance of reformation has to be afforded to young offenders in suitable cases, interplay of reformative theory cannot be ruled out in toto nor can be generally applied but is one of the factors to be taken into consideration while exercising power for cancelling candidature or discharging an employee from service,“ a bench of Justices Ranjan Gogoi, Arun Mishra and P C Pant said.

Example:

  • Railway fines and Attestation Form

I was fined Rs. 340 by Police at a Railway Station for crossing the Railway Tracks. I was made to sign some papers and they took my name, father's name, contact and local police station name. An entry was made in the Police Diary as well with my contact. However, I did not get the receipt and paid at the Police Unit on the station itself. Now I am in a dilemma as what to do with the Attestation Form for Government Jobs. The questionnaire in the Self declaration attestation form goes like this :

 

You may answer as follows in the above background:

 

  1. a) Have you ever been arrested? Yes/No …No.
  2. b) Have you ever been prosecuted? Yes/No ….No
  3. c) Have you ever been kept under detention? Yes/No …No
  4. d) Have you ever been bouned down? Yes/No …No.
  5. e) Have you ever been fined by a Court of Law? Yes/No …No.
  6. f) Have you ever been convicted by a Court of Law for any offence? Yes/No….No.

Section 188 in The Indian Penal Code

  1. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

https://devgan.in/ipc/section/188/#:~:text=IPC%20Section%20188%20%2D%20Disobedience%20to,by%20public%20servant%20%7C%20Devgan.in

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

You need to give the details of the FIR filed against you and the subsequent quash of the said FIR.

Since FIR is quashed, the PCC will not reflect the same.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Since the FIR is quashed by High Court probably the same was a false case put forth against you.

PCC will not give any adverse report against you, more particularly, in the light of quash of FIR by High Court. 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You give all relevant details without suppressing any material details.

Append the order copy of the Quash by High Court.

The above will suffice your process.  

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. Presently as per your facts it will show clean record nothing adverse. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi 

1) Since the case was quashed under Section 482 cr.p.c, it means that the case was closed with accused discharged of allegations. 

2) So, you in your case, there will be NO adverse entries  which technically and legally means then there is no case whatsoever against you. 

3) In the format of PCC for canada immigration, you have no legal necessity to mention the case details at all as technically there is no case pending right from the time of FIR since FIR itself is quashed.

4) In law, FIR is a First Information Record which under section 154 Cr.P.C is a merely a  complaint. 

5) You are liable to inform the immigration authorities only when a charge sheet is filed under Section 173(2) of cr.p.c (charge sheet means police have completed their investigation and allegations are found to be true and persons are charged with offences.) and trial has either commenced/completed.

So, in your case, since the FIR is quashed, the complaint by itself quashed and hence no legal necessity for you to declare the same in your immigration application.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

- Since the said FIR was quashed by the High Court , it means there is no conviction and acquittal , but the result is that the said FIR was not maintainable /sustainable against you legally. 

- Hence , your response should be  NO

- Further if there is clause like ... Is any FIR was /is lodged against you , then your response should be YES ,BUT QUASHED from the High Court legally . 

- If no such column , then no need to mention. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

1. When the FIR was quashed by the High Court, the said FIR will be considered as non existing.

 

2. Your answer to the question “ever arrested/convicted” will be 'No'.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. Your position is clean since the FIR has been quashed meaning that it does not exist.

 

2. You shall get a clean PCC on that account.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. File for PCC very normally.

 

2. Since no FIR exists as per Court order, you need not mention that there was a FIR which has been quashed as per Court order.

 

3. It should show as nothing adverse has been found against you.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Quote point no.2 

It should show that nothing adverse has been found 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The answer would be No.

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

1. The answer to that question will be 'Never' because once the FIR is quashed then every action related to that FiR automatically become infructuous that is all records are deleted. 

2. PCC will be in your favour you can apply for PCC without any worry. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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