What is Quashing u/sec 482

What is "Mr.Rajesh is correct", can you please add some value addition?

Dear Siva

First of all, what is to be seen is if the person is arrested for a crime committed in the same area in which he reside or in some other area. This is because the records of pending cases are kept at the police station in whose jurisdiction the crime has been committed and a information is sent to the police station in which the person reside.

Further, records are kept  of those persons in the police station who have been convicted  or upon whom cases are pending. Once a person is convicted then his historysheet is sent to the police station in whose jurisdiction the person reside.

As you have said that if quashing is granted then in that case, in that very order of the Court you can request the Court to mention that the arrest of the person in the present case shall not act as disqualification for any purpose. This is to be specific. But even in the absence of such statement no adverse inference can be drawn.

But to be on the safer side ,If the proceedings are quashed then one can send the copy of the order to the concerned police stations. Secondly if the question is like have you ever been arrested/convicted then the answer would be yes/no.

As normal practice once the matter is quashed, no record is kept at the police station.
 

regards.

@siva

This means after the quashing/acquittal the person can lead a normal life like any other citizen. The purpose of visa verification is only to see if the person is not wanted by the local police in some criminal matter.

regards.

Thanks Samir Jha for the brief up, that's elaborative.

I was little spoiled by living in US, where I have seen a person was arrested warrant was issued at 10:00pm and next morning, his office received a note 8:00am and was stopped entry into, just because of social security number system.

Same way Indian government started maintaining national crime records recently and details from all police stations are sent to that repository within 6 to 9 months time. 

So I was little concerned about those national records and a hit in that database by any enquiring agency will be positive will lead to Material misrepresentation.

OK, when applying for quash, I will keep your words in mind.

Under section 482,a person may go to high court or supreme court for quashing the flase FIR with sufficient grounds and reasons . if the court gets satisfied ,passes the order for the cancilation of FIR and stop the investigation under the specified crime noumber . If you got arrested under the same crime noumber,you will write "no" in the visa form because the said crime noumber have been dissmissed from the high court or supreme court .

Sir,

   My situation is like this,

     I was arrested for false/planned complaint, after struggling for 1 year and settling some big figure amount to the opponent party, they have withdrawn the case. After all the court formalities, the high court has quashed the case even before the charge sheet got filled.

Now I am getting onsite opportunity to go to US. In this case, as mentioned all above, the US application form has question "have you ever been arrested/convicted", just becoz of this question I just post pone my plan all together.

Kindly update me how to hanle this.

482 cr.p.c. inherient power of highcourt!

yes!

482 cr.p.c is the  inherient power of highcourt!