Thread Started by #Aniketgadepatil

Hi Sir/Madam,
There are two criminal case pending with me and my whole family regarding property dispute. They have filed the case to harass us. It's not mine individual issue, it's a family issue.I am Pursuing MSc(Computer Science) and i have selected in TCS.My question wil this criminal cases make an issue while joining in company
3rd May 2015 From India, Pune
You will have to give more details and specific section under which charges have been levied against you personally.
Is the case that a FIR has been filed and is pending investigations and further action as per evidence pr is a case underway in a court of law.
TCS may be having a a no criminal case declaration from candidate/potential employee.
TCS has a dynamic code of conduct which has a declaration on Ethical conduct.
Probably if you give more info on type of offence,sections involved and state of investigation, other learned members can advice correctly.
Case against your family members is not relevant to your employment.
3rd May 2015 From India, Pune
Section are 326,280 on me and my family members .Charge sheet is filled no investigation is pending.It is civil case but they have turn it criminal.
Now both parties have compromise these both cases but not legally compromise statement is retun on stamp paper on front of advocate.
4th May 2015 From India, Pune
Sections are 326,280 on me and my family members.Charge sheet is also filled no investigation is remaining.Its a civil cases but they have turned into criminal.
Both the parties are trying to compromise the cases,compromise statement is return on stamp paper on front of advocate.But it will take long time to compromise legally in court and my tcs joining is in june.
So plz help me out
4th May 2015 From India, Pune
Compromise statement in front of Advocate has no sanctity in eyes of law. After charge sheet has been filed, it should be got quashed from High Court because of compounding. Section 326 IPC is a case of serious nature involving imprisonment of life. At least a government employer will take it negatively. So get it quashed from HC. With the consent of both the parties HC may quash on first date itself. Engage a senior reputed lawyer.
Thanks
Sushil
4th May 2015 From India, New Delhi
Thanks for you reply. But will this matter make an issues while join in TCS. I don’t want to loose any chance of starting my career in TCS. Can I join the company or not.
4th May 2015 From India, Pune
Dear Mr Sushil.

Can offence under sec 326 and 280 IPC be compounded as per sec 320 of CrPC?

If as per the querist the offence is basically civil in nature but got converted into criminal by other party using false evidence,then HC may quash the criminal case,provided no criminal offence is disclosed.

A two judge bench of the Honble SC said that ordinarily criminal proceedings instituted against an accused must be tried

and taken to logical conclusions under the Criminal Procedure Code (Cr.P.C.) and the High Courts

should be reluctant to interfere into the proceedings at an interlocutory stage.

"But , if upon the admitted facts and the documents relied upon by the complainant or the

prosecution and without weighing or sifting evidence, clearly no case is made out, the criminal proceedings

instituted against the accused are required to be dropped or quashed".

Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not

constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to

be saved.

This is an extract of some judgement by Honble SC.

HCs have inherent power to quash criminal proceedings in interest of justice or as claimed by querist, prevent abuse of justice by converting civil case into criminal case.

Inherent power of HC is under Sec482 CrPC- to secure justice or prevent abuse of process of court.
4th May 2015 From India, Pune
Aniket,
Since both parties are amenable to settle the matter,get it settled post haste.
What TCS will say or do based upon the information which you will give saying case under Sec280 IPC and 326 is pending cannot be predicted by us.
4th May 2015 From India, Pune
For being precise, the latest SC decision after following 3 Judges decision is that quashing of the said case has to fall within the following parameters, especially paras I), IV) and VI) which the counsel should strive to emphasis in the facts of the case:

Supreme Court of India

Narinder Singh & Ors vs State Of Punjab & Anr on 27 March, 2014

31. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:

(I) Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.

(II)When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:

(i) ends of justice, or

(ii) to prevent abuse of the process of any Court.

While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

(III) Such a power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.

(IV) On the other, those criminal cases having overwhelmingly and pre-dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

(V) While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.

(VI) Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore is to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the later case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship.

(VII) While deciding whether to exercise its power under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power under Section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under Section 307 IPC is committed or not. Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court. Here charge is proved under Section 307 IPC and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime."

Thanks

Sushil
4th May 2015 From India, New Delhi
Dear Mr Sushil, That means the HC could refuse to use inherent powers under Sec 482,even if both the parties decide to compromise. Offences under Sec326 IPC are not compoundable.
4th May 2015 From India, Pune
Dear Mr. Nathrao,
Yes, relief under section 482 Crpc is discretionary. It can be refused by HC even if both parties had compromised. Even in the above said case, offence was under section 307 IPC which is non compoundable, yet the Apex court quashed the criminal proceedings in the circumstances of the case basically on the basis of compromise. Similarly in respect of section 498A, IPC offences where compromise is effected, criminal proceedings are quashed.
Thanks
Sushil
4th May 2015 From India, New Delhi
Hi Aniket,

In either condition it is advisable that, if during the joining process, TCS asks you to provide information on any criminal records, then you should declare the case details & clearly indicate the "pending status" of case in the form. I think Tata's are aware of our judicial system & TCS would probably not consider this solely as a rejection reason.

If you are confident about your innocence & succeed to convince the HR during personal interview, then it would be as good as winning the case for you... :-)

Think of it like this:

If you join TCS, then it is better you join with right understanding with them...

If you do not join TCS, then it does not matter what you have disclosed/shared, as you won't see each other again for a long time...

So, it is better to disclose issues at right time, than to be found defaulter in the verification checks later. If you do not disclose it timely, then it could haunt you during your tenure in TCS, but also affect badly on your carrier ahead.

In worst case, even if you lose this opportunity at TCS, you will surely get more opportunities ahead.

Best of Luck!

Regards,

Amod Boabde.
5th May 2015
Hello Mr.patil,
As per your conversation with other people in citehr, you have more fear in your heart and mind, first don't think about the complaint, think about your job, don't inform anything about this case in your company.
first get the job, next think about this, if you discuss this issue with others, you will get more mental tension, may be you can lose your job.
Thanks & Regards
Mani
6th May 2015 From India, Hyderabad
Mr Patil.
You have done the right thing by asking learned people in this forum for suggestions.
You will get many views and views will be unbiased because there is no personal knowledge of the person who is asking for advice.
Now you take a decision after considering all aspects in right manner.
7th May 2015 From India, Pune
Do not ever get caught on the wrong foot. As most of the members have suggested, better way is to disclose and explain the circumstances under which it has been filed against you / your family and the status as on the date quite frankly. Chances are that they will still employ you. But having been employed, and then the employer finds out about it, he will dismiss you and you will get a bad name.
All the best
A S Bhat
7th May 2015 From India, Pune
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