First accept my sincere thanks for providing a great advice.
My parents has land(&small house) in a town 300km from Hyderabad,Andhra Pradesh. We allowed a distant relative to use that small house for last 7 years(there are no agreements). Meanwhile he became Counsellor/Corporator and got little political influence. Now he declares that, he wants to buy it for 1 lac (technically he grabbed land).
I recently returned from USA and spoke to him, of course not a pleasant talk.
Now one fine day he demolished that small house and filed a complaint with police that me and my father demolished his workshop. Police called us and my father has shown all relevant documents that the land belongs to us. Police said they cannot file a complaint.
He went local MLA(notorious for land grabbing) along with his fellow counsellor. Upon the pressure from MLA, police registered the complaint and filled FIR.
Again police called me and my father and declared that they have arrest warrant under section 427 and 506, and since this is a non-cognizable offence, we can easily get a bail. (Of course they have created eye witness)
under tension Without having any choices, we got arrested and got a bail.
Later we found that this is their modus operandi to grab lands, first file false FIR and threaten us with dire consequences. Since I may go back to US, now they created arrest record and big problem for me..?
My lawyers tells me that it is a weak case, we can easily win in the trial. I can easily prove that I am in Hyderabad(300km away from incident place/time)
But he was already SUCCESSFUL in creating tension in my family and ruining my chances to go abroad. Even if I win the case, this arrest record will be permanent and everytime I have to answer YES to the question "Have you been arrested". This actually takes longer process getting Visa, though I am not guilty.
Now my question, isn't there a way to fight such false arrests.
a lawyer advised to go for quash proceedings. What happens to my Arrest record?
What is quashed Either the case OR the FIR, then what will happen to arrest record..? Some say, I get only relief from the case, but arrest record cannot be erased/expunged, is it true..? Some say arrest will be gone forever. In USA/western countries arrest record can EXPUNGED under certain conditions, does IPC have such provisions?
I have no intentions to be feared and surrender to their demands, please let me know what are my options.
Thanks,
Siva
PS:I am mainly concerned about the arrest record