498a trial quash
Querist :
Anonymous
(Querist) 10 October 2023
This query is : Resolved
We got married in 2017 (Hindu) in India.She lived happily with our family members for about 10 days. Then we both left to USA.She lived with me (work from home)for six months without any major issues. As her employer didn't permit work from home,,she went to her place in USA.By 2018 end , she visited me to find a job in my place. She was with me for three days, visiting the nearby picnic places and moved away once for all as it was impossible for her to find a job in my place. By 2019 end ,at the instigation of her father, she came to India to register a COMPLETELY FALSE FIR without any preliminary enquiry (my parents were in USA at that time) and a divorce petition on cruelty grounds and went back to USA.We not only gave strong reply but also levelled charges against her.As we both were not interested in living together ,divorce was granted in 2021 without inquiring the charges . FIR quash was moved .Meanwhile she influenced to file charge sheet and so our petition was dismissed.
I am an Indian citizen and has not visited India in the last six years. Soon after registering FIR ,she influenced to issue LOC against me and my father by DC .This fact is not mentioned in charge sheet. and IO is unaware of it. We came to know when my father tried to move out of country two months back. Our advocate filed sec 91 petition ,which is still pending with the trial court. My parents and my brother's family got AB in 2020 itself and they attend trial hearings. For me ,till this time no summons was issued, though my advocate has given them my USA address
On arriving India in the beginning of 2020, she brought police to our home ,took my parents in illegal custody for three days and took my father to the bank locker where she had kept her jewels in E or S name and took all the jewels listed and kept her She has misinformed the police that I had jewels.
1)As she left her matrimonial home in USA and took shelter in her sister's house in USA for about 10 months, as per Rupali Devi's case, whether the court in her parental home has jurisdiction,as none of the alleged offences are said to have occured there in her parental home .Can quash is possible on this ground ?
2) I donot want to leave USA, whether LOC will create a problem here for local travel and visiting other countries
3)Whether LOC can be quashed without a copy of it ? How easy/difficult to quash LOC for both of us ?
4)Some suggest that ,if I donot come to India, the case will die by itself--is it true?
5)All her things were handed over and receipts got .It seems their motive is to extract huge money for compromise .Apart from defamation, what other offensive cases can be filed against her
6)Any other suggestion to fight this legal terrorism and come out successfully.
None of our family members told even a harsh word on her and there were only petty quarrels between both of us.Her father wants to take vengeance on all of us and extract money
T. Kalaiselvan, Advocate
(Expert) 10 October 2023
1. You can file a quash petition
2. No
.3. First you have to confirm if LOC is open or not been opened on you, and then approach high court with a petition to remove LOC against you.
4. It is not true
5. Defamation case cannot be filed against her, you have to challenge all her cases and get acquitted.
6.
Sudhir Kumar, Advocate
(Expert) 11 October 2023
agreeing with above views I will add that new proposed penal law (if finally enacted) contains provision of trial in absentia.
This is going to become a death blow to the accused living abroad. So you have to act very fast.
P. Venu
(Expert) 31 October 2023
The posting contains more of opinions than facts.
Anyhow, the FIR could be got quashed if the read as a whole and accepted in its entirety does not constitute the ingredients of the offence, as alleged.
"On arriving India in the beginning of 2020, she brought police to our home ,took my parents in illegal custody ................." Were they formally arrested and released on bail?
What is the FIR number ? Which Police Station?
What is the Case Number? Which Court?
