If you are stuck in such a situation, here is what to do.

Mr. Sameer, a resident of Nagpur, recently found himself in a difficult position. After a minor altercation with a neighbour over a parking issue, an FIR was registered against him under bailable sections of the law. While the matter was not serious, the existence of a pending criminal case became a source of immense stress. Mr. Sameer managed to reach a mutual settlement with his neighbour, and a formal settlement deed was drawn up. His lawyer initiated the process to have the FIR quashed by the High Court.

Just as this legal process was underway, Mr. Sameer received an excellent job offer from a prominent financial services company, “Alpha Capital,” which caters to high-net-worth individuals. He accepted the offer and submitted his documents for the mandatory background verification. Now, he is worried about whether the pending FIR will be discovered during the background check and, if so, whether the company might withdraw the offer or terminate his employment.

Advice in such cases

Navigating a job offer while dealing with a pending legal case can be challenging. Here are some steps to consider:

• Understand the Verification Process: Background checks vary. Some are basic address and education checks, while others involve a thorough criminal record search. Fintech companies, due to the nature of their business, often conduct more stringent checks.
• Expedite the Quashing Process: The best solution is to get the FIR quashed as soon as possible. A quashed FIR is equivalent to the case never having existed for record purposes. Coordinate with your lawyer to ensure the petition is pursued diligently in the High Court.
• Be Prepared to Disclose (If Asked): If the application form or the employer directly asks about pending criminal cases, it is generally advisable to be honest. Lying on an application can be a separate ground for termination. You can explain that the matter was minor, has been amicably settled, and is pending quashing.
• Gather Your Documents: Keep copies of the FIR, the settlement deed, and the petition filed in the High Court for quashing. These documents can help you explain the situation professionally and show that the matter is nearing resolution.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework for such situations primarily involves the Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• Substantive Law (BNS, 2023): The specific sections under which the FIR was filed would be relevant. For minor altercations, this could involve sections like Section 115 (causing hurt) or Section 351 (criminal intimidation), which have replaced the corresponding sections of the old Indian Penal Code.
• Procedural Law (BNSS, 2023): The process for quashing an FIR is a crucial aspect. The High Courts have inherent powers to quash criminal proceedings to prevent abuse of the process of law or to secure the ends of justice. This power is encapsulated under Section 528 of the BNSS, 2023. When parties have settled the dispute, especially in cases that are primarily of a private nature, the High Court often agrees to quash the FIR.

If you are the complainant

If you were the one who initially filed the FIR and have now reached a settlement, your role is crucial in closing the case.

• Honour the Settlement: Adhere to the terms and conditions agreed upon in the settlement deed. This is a legally binding agreement.
• Cooperate with the Court Process: You will be required to appear before the High Court, either in person or through video conferencing, to confirm that you have voluntarily settled the matter and have no objection to the FIR being quashed.
• Provide an Affidavit: Your lawyer will likely prepare an affidavit for you to sign, stating the facts of the settlement. This is a key document for the court.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim who has agreed to a settlement, your cooperation is essential for the quashing process to succeed.

• Voluntary Consent: Ensure that your consent to the settlement is free and voluntary, without any pressure or coercion. The court will want to be satisfied on this point.
• Statement Before the Court: Be prepared to give a clear statement to the court confirming the settlement and your consent to quash the proceedings.
• Future Implications: Understand that once the FIR is quashed, you cannot re-initiate legal proceedings against the person for the same incident. The matter is considered permanently closed.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Once a settlement has been reached and a quashing petition is filed in the High Court, the role of the police significantly diminishes.

• Investigation Halts: In practice, the police will likely halt any active investigation once they are informed that the matter is before the High Court for quashing based on a compromise.
• Status Report: The High Court may ask the police to submit a status report or verify the identities of the parties involved.
• Record Updation: The police will continue to show the FIR as ‘pending’ in their records until they receive a certified copy of the High Court’s order quashing the FIR. Once received, they will officially close the case file.

FAQs people normally have

What evidence is required?

For the purpose of quashing an FIR based on a settlement, the primary evidence required by the High Court includes:

• The petition for quashing filed by the accused.
• A copy of the FIR.
• The original, notarized Settlement Deed or Compromise Agreement signed by both parties.
• Affidavits from both the accused and the complainant stating the terms of the settlement and their consent to quash the FIR.
• Identification documents of both parties to be verified by the court.

How long will the investigation take?

This question is better framed as, “How long will the quashing process take?” The police investigation effectively stops once the quashing petition is filed. The timeline for the High Court to decide on the quashing petition can vary greatly depending on the court’s caseload. It can take anywhere from a few weeks to several months. Having an experienced lawyer can help in getting the matter listed and disposed of efficiently.

Advocate Sudhir Rao, Supreme Court of India