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aslamch (EX)     15 February 2013

How to get the records in police station deleted/destroyed

Salam to all the Experts,

Sirs,

I have been approached by my 498a wife to settle the false 498a case. I will be acquited  by way of mediation etc. 

So my querry is how do I get my criminal record in the police station removed or destroyed. 

what is the procedure to be followed. is there any act for the same?

Longtime back I had seen a case on Indiakanoon.org regarding a petition filed in High court to destroy the criminal records i.e finger prints, photographs etc. not able to find the same. if someone knows about it please help.

this is a prestige issue for me so i want this records to be deleted from police files and then and then only divorce my loving 498a wife.

please help me.

thanks 

aslam



Learning

 6 Replies

Aashish George (lawyer)     16 February 2013

a compromise by definition itself means that both the part settle there disputes, but that also means that the accused is guilty to some exent (atleast thats what i have heard) as of now i have never hear that a record has been deleted from records, the case as well as its record will remain as its all digitised now. so, i dont think that there is a way to wipe the slate clean. other member may shed light on the same, but as far as i have seen, nope! no way to wipe the slate clean.

aslamch (EX)     18 February 2013

Dear Aashish Sir, and other experts please give your valuable inputs

Found something on the net concerned to my querry above.

Will this be of any use to me? see below

 

Identification of Prisoners Act,1920

Act No : 33

 

Section : Destruction of photographs and records of measurements, etc., onacquittal.

E-mail Print

7.Destruction of photographs and records of measurements, etc., on acquittal. Where any person who, not having been previously convicted of an offence punishable with rigorous imprisonment for a term of one year or upwards, has had his measurements taken or has been photographed in accordance with the provisions of this Act is released without trial or discharged or acquitted by any Court, all measurements and all photographs (both negatives and copies) so taken shall, unless the Court or (in a case where such person is released without trial) the District Magistrate or Sub-Divisional Officer for reasons to be recorded in writing otherwise directs, be destroyed or made over to him.

thanks in advance,

aslam

Never Give Up (Fighter)     18 February 2013

Hello Aslam,

 

Yes i did read that judgement but unfortunately not able to dig it now..There was a man who applied for it in HC/SC and got it done.

Aashish George (lawyer)     18 February 2013

Destruction of photographs and records of measurements, etc., on acquittal. Where any person who, not having been previously convicted of an offence punishable with rigorous imprisonment for a term of one year or upwards, has had his measurements taken or has been photographed in accordance with the provisions of this Act is released without trial or discharged or acquitted by any Court, all measurements and all photographs (both negatives and copies) so taken shall, unless the Court or (in a case where such person is released without trial) the District Magistrate or Sub-Divisional Officer for reasons to be recorded in writing otherwise directs, be destroyed or made over to him.

 

it does not state compromise. does it? if it does then please tell me.
 

1 Like

Sudhir Kumar, Advocate (Advocate)     18 February 2013

The provisions of identification of prisoners act as quopted above is limited to "Destruction of photographs and records of measurements,"

 

How can the public authroity be compelled to disregard RTI Act and destroy the record unless time barred.

aslamch (EX)     19 February 2013

Dear All,

As far as i understand, the 498a is not compoundable. that is even if the parties want to compromise it does not mean complainant can withdraw the complaint,

they will take the chief, evidences and cross and finally show the acquittal on record. so the point of compromise and settlement is not in picture, although it is taken on record.

my question is that, now after acqtl, what about the records etc. They are of no use to the state. So as per the above act the recodrs should handed to me and the computerised records shd be deleted.

am i right? pl guide

aslam


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