Falsely Accused and Moving On: Should I Tell My New Employer About My Past Case?

I was falsely accused of 376,420 - the false promise of marriage by my ex-girlfriend. The case was quashed by the high court.

Right now, I am planning to change my job to a reputed MNC. Should I disclose the case? They have never asked me about it, nor have I signed any form asking about the case.

Impact of High Court Quashing on Criminal Charges

When the criminal proceedings in the lower court are quashed by the High Court, the entire criminal charges become automatically non-est.

In addition, since no information was required by the MNC in this regard, the poster need not make any mention of it.

They are planning to run a background check through some private agencies. I am not sure what the scope of that is. Do they look for convictions or dismissed cases as well?

The agency that conducts the BGV on behalf of the MNC would, and in fact, as a matter of professional sincerity, should certainly bring the quashed criminal case to their client. However, I don't think that the MNC, as the employer, would consider it negatively.

By the way, what's your marital status now?

Married... Does it matter?

Can they deny the job? The allegations are serious even if they are dismissed.

Whether the allegations are serious or trivial, once the entire criminal proceedings are quashed by the High Court, the initiation of the case on such false allegations becomes non-existent. Now that you are married, it is possible that your girlfriend might have mistaken your friendly relationship with her as love. To prevent your marriage with someone else or to extract some pecuniary benefits from you, she might have lodged a false complaint and influenced the police to register an FIR, which eventually led to a case being filed against you in the Criminal Court. However, once it is quashed in its entirety, how do the allegations stand against your morality or adversely affect your conduct and character? No educated person can think like this during this era of modernity. Certainly, no HR in an MNC would be so ignorant.

Thank you very much for your kind words. The false case was registered to stop my marriage, as you said. Hopefully, the HR department has a similar thought process to yours. Most of the time, people are ignorant about the misuse of the law, and hopefully, I don't have to prove myself innocent in front of HR.

As the criminal case against you is quashed, there is no reason to volunteer information about the matter to the MNC you are joining. However, if any queries arise about it, you must disclose all the relevant facts. This transparency will help establish your credibility as an ethical person.

No issue. Even though it was not quashed, the company is in no way concerned with your personal life. Go ahead. If you have to attend court, take permission and go until you are acquitted by the law of the land in a public court. Please be reminded that even though it was quashed, it may be reopened later by the police department. As you have not been acquitted after a regular trial in the open court, it was only quashed based on further proceedings by the police on the complaint. Anyhow, some relief is obtained. So, proceed as usual.

Understanding Case Quashing

Normally, quashing is done by the high court or the supreme court. Once the case is quashed, it means the case is dismissed. This happens when the case is absolutely false, and you are acquitted. It is, in fact, better than acquittal.

Only the supreme court can reopen the case, but it has a time limit of 3 months, which has already passed.

Please consider consulting with your legal adviser once again. If the aggrieved person decides to file a private complaint, the police will initiate the usual process. The litigation will remain pending until the complaint is also denied by the open court for trial. It's important to note that there are several litigations ongoing in family courts similar to this situation. This message serves as an alert in accordance with the law.

Procedure After FIR Quashing

Once the FIR is quashed by the high court, you need to produce a copy to the trial court. There, they stop the proceedings and declare you acquitted. You can't proceed with the same FIR.

However, you can file a different FIR, which is the same as filing a new case.

Registering a fresh FIR against the same person on the same facts and filing a fresh case would be barred by the doctrine of Res Judicata.