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jazzyv (Q)     19 January 2014

Does criminal/arrest record still exist?

Hi


Two of my friends got arrested u/s 379/34 IPC (theft). They spent one night in lockup, two nights in Tihar Jail, and got bail the next day.


The matter was then amicably settled between the two parties (my friends paid Rs 20,000 for the settlement - mentioned in the judgment).


Thereafter, my friends got the FIR quashed by the Delhi High Court - "Since the dispute between the parties is of personal nature, no useful purpose will be served to continue proceedings u/s 379/34 IPC. In the interest of justice and to enable the parties to maintain their friendly relations, FIR No. XXXXX u/s 379/34 IPC registered at PS XXXXX and all proceedings arising therefrom are quashed. The petition is disposed of accordingly."

 

Being very well-educated and coming from very respectable families (no previous cases/record of any kind) the question that they have is:


Do they have a criminal record? Will their arrest record show up if a background check is conducted for


a) Private sector/Public sector/Government job,
b) Marriage/Business Partnership/Other private contracts,
c) Membership of political party/contesting elections,
d) Membership of any other institution/association/club etc., and
e) (most importantly) Visa?


Also, in all the above cases (especially Visa) what should my friends write when asked "Have you ever been arrested?", "Have you ever been involved in any criminal activity?", "Have there ever been any charges filed against you?" etc.


Finally, if a criminal/arrest record does show up, can it be removed/expunged? What is the process for it?

 

Any replies will be hugely appreciated. Thanks a lot.



Learning

 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 January 2014

the record can not be removed by the authorities. if there is any enquiry has conduct then this will be the history of that person.
1 Like

laxmi kant joshi (instructor)     19 January 2014

FIR is a permanent record it will always kept in record , if any fir is registered against anyone and the enquiry ,and other thing kept in record in the name of that man .
1 Like

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