489a cancellation
Querist :
Anonymous
(Querist) 22 September 2017
This query is : Resolved
HI,
i live in Canada. I got married in march last year with 1 rupee. and went back to Canada in march, I registered my marriage as well. my wife was still in india and she had some health issues before the marriage which we didnt know. and she died in june coz of liver failure. my in-laws filed a false 498a FIR lodged against me since end of june, saying i have asked dowry of 3 lakh and gave her slow poison and all. what are my options? can anyone cancel FIR? can I file a fraud case against them ? should i come to india ? any bail options ? where should I lodge my complaint ?
Edit: she was living at her parents since march 2017 and died at the PGI hospital in june 2017
Vijay Raj Mahajan
(Expert) 22 September 2017
Charges made of dowry demand and administrating poison are serious charges which the complainant need to prove with sufficient evidence, I'm sure they have none for both these charges. Just imagine dowry demand of Rs 3 lakhs by a husband who lives in Canada even if they had said Rs 30 Lakhs it would look as if such demand may have been made.
Secondly your other queries that can be answered only if you actual citizen and domicle status is known.
Your coming to India can cost you loosing your passport to travel back to Canada and getting struck for months or even years, remain in custody if refused bail by court and huge harasment and torture from local police along with huge sum of money being exhorted by local police their agents and local lawyers.
Engage service of honest lawyer first and then only proceed.
vijaymahajan5758@gmail.com
Guest
(Expert) 22 September 2017
You have not stated, during your absence in India, where she used to stay, with your parents or her parents.
Guest
(Expert) 22 September 2017
Of course, you have not been able to discuss your problem adequately.
Adv. Yogen Kakade
(Expert) 22 September 2017
1) What are your options? -- defending yourself before the court shall be the only option for you if the crime is registered.
2) Can anyone cancel your FIR? -- You can proceed for quashing petition at the High Court.
3) Can you file fraud case against them? -- No, not at this stage.. After getting acquitted you can sue them for filing a false case against you.
4) Should I come to India? -- Yes, you have to.
5) Any bail options? -- yes, you can file for anticipatory bail and later regular bail as the charges are serious and non-bailable.
6) Where should I lodge a complaint? -- Currently you shall focus on defending yourself strongly. Appoint a good lawyer and proceed.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883
Rajendra K Goyal
(Expert) 22 September 2017
No reply to query from an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
R.K Nanda
(Expert) 22 September 2017
no reply to anonymous query.
P. Venu
(Expert) 23 September 2017
Let the police investigate.
