1) wait for police investigations to be completed and charge sheet filed
2) if your name is dropped at time of filing of charge sheet you need not file for quashing of FIR
3) if your name is dropped you would get clear PCC
498-A 304-B
My brother wife committed suicide and case registered against my family on 304-b and 498-A, after discussion with IO police assured me they will remove my name from chargesheet, should i go for quashing after filing of chargesheet to remove my name from FIR or removing name from chargesheet is more thn enough? What if other party use 319crpc? Will i get clear PCC after filling of chargesheet for visa application?
Asked 5 years ago in Criminal Law
Religion: Hindu
8 Answers
Offence under Section 304B is non bailable, even if you are not added as accused by io there is possibility of exercise of Section 319. Better to go for quash and anticipatory bail, no harm in it. There no chance of any effect on visa application after Rajesh Sharma guidelines by Supreme Court.
Wait till the charge sheet is submitted. After that file discharge application and thereafter quashing petition.
If there are specific allegations against you then scope for quashing unlikely.
You can go for discharge in trial court Or quashing in HC as per your discretion. Pcc may disclose this offense if chargesheet filed
File an anticipatory bail application immediately. He police generally does not remove names in such cases unless there is compelling evidence to support your story.
Go for anticipatory bail and then FIR quashing.
If the police removes your name from the charge sheet then you do not have to go for quash, however if you had taken anticipatory bail then you may better file a discharge petition before trial court to get discharged from the case on the basis of charge sheet.
Once you are out of the case there may not be a problem in getting PCC.
Dear sir/ma'am,
You should be patient for the charge sheet to be filed and submitted to the court. If during the filing of charge sheet, your name is taken off, then you don't have to worry. After the filing of charge sheet , if it contains your name you can always move a petition to quash that FIR. However, if any allegation is made against you specifically, then you might want to file for an anticipatory bail to be on safer side.
With your name on the charge sheet, it may be difficult for you to receive PCC. After the charges on your name are brought down, you can easily get a PCC. Thank you.
- If, police has assured you for removing your name from charge sheet , then you should wait for filing the charge sheet before the court.
- Further, after submitting the charge sheet before the court , you can file Discharge petition .
- If not removed , then you should approach the High court for quashing the FIR .
- However, you should take anticipatory bail from the session court prior to waiting for charge sheet .
