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Chargesheet yet not filled, can a person apply for PR to Canada


22-Sep-2023 (In Criminal Law)
a very close friend has a FIR against him. He got involved in a road rash incident where he dented the other persons car and hit him as the other person was misbehaving. The charge sheet hasnt been issued yet. Can he apply for a PR to Canada now or does he need to wait?
Answers (3)

Answer #1
556 votes
Sir you can enter into amicable settlement with the victim and settle the matter. After settlement, you can apply to High Court for quashing of FIR on grounds of mutual settlement and compromise. For rest of the things, you can call me for more details
Answer #2
554 votes
First of all you r giving half information as you have not mentioned under which sections he has been charged. Here i would suggest you that certain sections of indian penal code r compoundable that is a compromise can be arrived at with the opposite party. And if the complainant refuses for compromise than i fear u will have to wait.
Answer #3
756 votes
As per your query

If your friend is released on bail as per rules he had furnished a surety and have executed a bond for being present before the court during the trial of the case. If your friend wishes to go abroad he needs a genuine reason for it, further he need to take appropriate permission from the concerned court regarding the same. Charge sheet should have been filed within the time frame given in criminal procedure code, if the same is not done, then non filing of the charge sheet should not be an issue.

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Comments by Users

C Hari
IPC 354 and 355 and 506 FIR done,accused got already station bail,how many days it will take for charge sheet,if case not file the charge sheet within time what have to do

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