Will quashed criminal case affect student who wishes to study abroad
07-Aug-2023 (In Criminal Law)
I have a case under ipc 308 324 34 and went for jail for 3 days . Its a cross case both parties went jail and are on bail . Now both parties want to quash this case by mutual settlement . Is it possible I am a student (21) and want to go abroad please tell me what will happen after quash is there any problem in visa after quash or quash doesnt possible because 324 is non - compundale under crpc
Quashing is possible, it depends upon case to case....
Sir you wont have any problem to travel or go anywhere if there is memorandum of understanding and if there is an affidavit stating that bith partie shave no object then the case can be quased , if the drafting is good and done through a good counsel. The settlement, ids and conditions shall be there.
Hi,
In some circumstances, even the non-compoundable cases can be compounded and quashed by High Court when both the parties are ready to settle their disputes. After quashing, you may have no effect of the FIR.
In some circumstances, even the non-compoundable cases can be compounded and quashed by High Court when both the parties are ready to settle their disputes. After quashing, you may have no effect of the FIR.
A Supreme Court bench of Justice K.S. Radhakrishnan and Justice A.K. Sikri has issued fresh guidelines on quashing of criminal proceeding of a non-compoundable offence by using the inherent powers of High Court under Section 482 of Criminal Procedure Code, on the basis of a settlement between the parties. When the parties reach settlement in respect of offences enumerated in Section 320(2) of the Code, compounding is permissible but it requires the approval of the Court. In so far as serious offences are concerned, quashing of criminal proceedings upon compromise is within the discretionary powers of the High Court. In such cases, the power is exercised under Section 482 of the Code and proceedings are quashed.
Regarding your chances of getting visa or other immigration formalities it depends on the laws of the country you are planning to visit I suppose. You have to be very careful what you are going to write in your application. It will show up. They will most likely to run a background check and it may be a concern for them. In my opinion you should check this beforehand with your immigration agency or some official, tell them the truth and they might help you. Please be careful and do not fall prey to agents and get duped in the process, some people would try to make money out of your problem and won't be any helpful. I wish you all the very best for your future. Good luck.
Regarding your chances of getting visa or other immigration formalities it depends on the laws of the country you are planning to visit I suppose. You have to be very careful what you are going to write in your application. It will show up. They will most likely to run a background check and it may be a concern for them. In my opinion you should check this beforehand with your immigration agency or some official, tell them the truth and they might help you. Please be careful and do not fall prey to agents and get duped in the process, some people would try to make money out of your problem and won't be any helpful. I wish you all the very best for your future. Good luck.
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