LawRato

Does criminal record have effect on grant of visa


08-Jun-2023 (In Criminal Law)
Hello. My name is . My neighbour has filed a case against me for trespassing u/s 448, 506. The case is in trail by a criminal court from the past 6 months. I have never seen judge till now. Every time they would call my name and before I could say anything they will just say when is my next date. Now my neighbour is willing to withdraw the case (compromise) my next hearing is on 26th july. If he agrees for compromise on that day will the case be dismissed and the FIR on me gets void? If so how much time will it take to close the case permanently? And if the case is closed will it reflect in my past criminal activity or offenses? I am willing to go to USA for higher studies will this case be any issue during visa ? Please help me out. Thank you
Answers (3)

Answer #1
532 votes
Hello sir, why will u wait that time, u can compromise it very easy also by filing compromise in high court or advancement petition in same court, because the offences registerred against you are compoundable offences
People also ask

What happens if the case was dismissed?

What happens if your case is dismissed?

Can a case be reopened after disposed?

A disposed case can be reopened by a party if they are not satisfied. A relief can be granted in the event of an unintentional mistake or surprise. This will reopen the case to further proceedings. A case can be reopened if there is new evidence that could alter the verdict. 27 Nov 2019

Can a civil case be reopened with new evidence?

Though power under Section 151 can be exercised if ends of justice so warrant and to prevent abuse of process of court and court can exercise its discretion to permit reopening of evidence or recalling of witness for further examination/cross-examination after evidence led by the parties, in the light of the ...

Can we reopen dismissed case?

If a case is dismissed without prejudice due to procedural issues such as failure to file proper pleadings, or failing to show up for trial, then a motion can be filed to reopen the case or to restore it to the active calendar.

  
Answer #2
643 votes
Hello,

Both the sections 448 & 506 IPC are compoundable in nature. The complainant and you both have to arrive at a compromise and he will need to file compromise petition along with it a compromise deed and seek withdrawal of the case on the basis of compromise. On the recording of statements of both the parties, the magistrate will close the case. You can show the record of dismissal of case against you to the passport authorities and I believe it will not effect your overseas higher studies.

Answer #3
845 votes
Hi,
You are not mentioned the case closed or not. Do you have the lok adalat judgement copy not. Trespassing is a criminal offence and punishable.

your PCC depends on the case status and you have to show the judgement copy at the time of PCC verification. Your visa depends on the PCC verification.

good luck

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."