Answer that FIR was filed against you but was quashed by HC
Indian evisa application after 498 FIR quashed by high court
I was Indian citizen when my ex wife filed 498 FIR in police station. Later we compromised the dispute and we got divorce and also FIR was quashed by high court Based on our mutual memo of compromise. No charge sheet was filed, the FIR status was under investigation when it was quashed by high court Recently I became Indian citizen and plan to visit India on evisa. The evisa application has this question - what to answer Have you ever been arrested / prosecuted / convicted by court of law of any country?
Asked 2 years ago in Family Law
Religion: Hindu
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14 Answers
You have not been prosecuted neither convicted and you were never arrested, hence your answer should be simple "NO".
Dear client,
Sorry to hear about your situation. But as you said that the case went to High Court and then the FIR was quashed that means you were prosecuted by court so in my opinion you should mention that you were prosecuted and at the time when they ask questions for visa then you can mention them that the same was quashed so the proceedings were stopped by high court.
Hope this helps you.
You should give correct reply and it should also be mentioned that FIR was quashed by High Court order. Any concealment can invite adversities. Matrimonial dispute is not a crime.
You need to give the information as of today. Updated information.
Have you ever been arrested / prosecuted / convicted by court of law of any country? shouldn' the answer be NO? arrested - not arrested prosecuted - chargesheet. was not filed by police no trial happened...FIR was still under investigation status when we approached high court for quashing convicted - not convicted
Asked 2 years ago
Yes the answer should be NO.
The FIR was quashed even before the investigation by police was completed.
Hence there's no case against you anytime.
Then answer will be no
You were prosecuted as FIR was filed against you
however you have not been arrested nor convicted of any offence
If I say yes and mention the FIR and high court quash order, is there any risk of rejection of indian evisa ?
Asked 2 years ago
There is no risk of rejection of visa as case against you has been quashed by HC
Hello,
- Your answer to the question must simply be NO as you have not been arrested, prosecuted or convicted as the FIR was quashed.
- If you want to be super transparent and answer yes and attach the High Court order, there is a possibility of your evisa being rejected as the primary look would give the processing agency, the police an impression that you are involved in a serious crime.
- A NO would be apt.If an explanation is sought the details of High Court order can be submitted.
If it’s quashed then thee is no reason for rejection
The technical terms like quash of FIR may go unnoticed, instead they may insist on a certificate from court that there's no case pending against you, which will take time and is a cumbersome process.
Why do you want to take a risk.
Dear client,
In your situation, when applying for an Indian e-visa, honesty is crucial. However, you may not need to disclose the incident if the FIR was quashed by the high court.
1. Arrested: If you were never formally arrested by the police, you can answer "No" to this question.
2. Prosecuted: If no chargesheet was filed, and there was no trial due to the FIR being quashed by the high court, you could reasonably answer "No" to this question. Since the FIR was under investigation and ultimately quashed, there was no prosecution that went through the legal process.
3. Convicted: Since the FIR was quashed by the high court and no charges were brought against you or resulted in a conviction, you can also answer "No" to this question.
Under Indian law, the quashing of an FIR by the high court essentially means that the allegations against you were dismissed and legally nullified. However, it's crucial to accurately understand the terminology used in the e-visa application and how it aligns with your specific legal situation.When answering these questions, make sure to be precise and truthful. If the e-visa application specifically asks for details regarding the quashed FIR or provides a section for explanations or additional information, you might consider explaining the situation briefly and transparently. Providing context might help clarify any potential misunderstandings about your case. However, if the application doesn't have a provision to explain further and the questions are straightforward, answering "No" based on the legal resolution of the FIR might be appropriate.
YOu can reach out to us for further assistance
- Since , you was not arrested ,prosecutes and convicted in the said case , the you can mention NO in the said column.
