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Quashing of Fir after cancellation report is accepted by lower court
10-Nov-2023 (In Criminal Law)
An fir was registered against me under sections 323,324,148,149 in 2011. Police filed cancellation report in lower court and that was accepted by the lower court.
The problem is that beacuse of the fir, i face problems whenever i go for some police verification for passport or pcc.
I have three questions
1.Is the cancellation accepted by lower court equal to quashing or i can still go to high court for fir quashing?
2. Does the cancellation means I was innocent or the tag of criminal remains with me for lifetime?
3. The person who had lodged the fir is now in good terms with me. Is it possible if we both can do something to erase that bad record from our past because police had registered a cross case against him also and we both face problems during police verifications?
I would like to clarify here that police do give us clear report but mentions that fir in comment sections
Hi,
Cancellation accepted by Lower court is not equal to quash. You will have to move an application to high court under 482 crpc for quashing of an FIR for permanent removal of any traces or records in investigation agencies.
Definetily cancellation means you are innocent or not guilty but when you apply for visa/passport or anything else which requires police verification, The traces of even cancelled FIR record will be found by police investigation agency. So the record of past FIR will be written in the report even though you were found not guilty. This record will be there until High Court orders it to remove it permanently... And the quash is the only solution. If you want to remove the criminal tag, you need to go for quash.
If the both parties are in good terms and have compromised, it becomes easy to get the FIR quashed.
Further, We need all detailed facts to provide you specific legal advice as per your case. You are requested to please consult personally to get the earliest solution of your legal issue.
Thanks
Cancellation accepted by Lower court is not equal to quash. You will have to move an application to high court under 482 crpc for quashing of an FIR for permanent removal of any traces or records in investigation agencies.
Definetily cancellation means you are innocent or not guilty but when you apply for visa/passport or anything else which requires police verification, The traces of even cancelled FIR record will be found by police investigation agency. So the record of past FIR will be written in the report even though you were found not guilty. This record will be there until High Court orders it to remove it permanently... And the quash is the only solution. If you want to remove the criminal tag, you need to go for quash.
If the both parties are in good terms and have compromised, it becomes easy to get the FIR quashed.
Further, We need all detailed facts to provide you specific legal advice as per your case. You are requested to please consult personally to get the earliest solution of your legal issue.
Thanks
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Adv. Vikram Sethi
Abohar | 100+ Answers
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dear client
well in that case you need to file quashing of FIR in high court as it's only possible in high court no other option. moreover quashing is basis on merit and compromise. police records will not change as its already registered.
well in that case you need to file quashing of FIR in high court as it's only possible in high court no other option. moreover quashing is basis on merit and compromise. police records will not change as its already registered.
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Adv. Sapna Seth
Zirakpur | 100+ Answers
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Dear queriest cancellation report means that no offence whatsoever was committed by you in the alledged fir and now the fir itself has been cancelled in your favor. 2) cancellation in itself doesnot prove your guilt police officials cancelled fir against you as such the police has not found enough evidences against you and resultantly police is filing cancellation report against you. 3) thats the possibility. Yes you and the perosn who registered fir against you have been om friendly terms i would like to suggest you make your relations smoother and focus on your carrier. You are proven innocent so good luck with your future
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Adv. Shivam Sood
Ludhiana | 200+ Answers
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