498a & 406 settlement in UP
Querist :
Anonymous
(Querist) 22 January 2011
This query is : Resolved
Dear All
I'm currently out of India and my 498a & 406 case is pending in UP.
I have never been to India since my case got registered. My parents are out on bail on 498a and have stay of arrest on 406 from HC Allahabad.
Now both parties to these cases have agreed to do an out of court settlement. My lawyer is asking me to return to India and file for MCD and settle the matter in my presence.
I want all this to come to an end but not sure on going back to India. I'm pretty sure LOC will be out on my name at the airport. I'm currently on foreign passport and haven't surrendered my India passport yet.
My question is:-
1. How to visit India and come back safely as I may loose my job if I stay out for more then 4-5 weeks.
2. How to avoid losing my passport in case of LOC etc?
3. What to do when I reach court to settle the matter?
I've heard of conditional bail but not sure on how that works.
Your guidance will be very much appreciated
madan kumar tiwary
(Expert) 22 January 2011
Dear before putting any query , u must right the matter in details. It appears from your version, you have two cases pending against you. now clarify about LOC ? One solution , I can suggest is to file a petition before court to stay warrant of stay as matter is going to be settled. but unless you dont provide details , I am not in position to suggest a legal suitable step. You clarify about LOC, status of the case, whether waraant of arrest or 82 , 83 has been issued ?
Querist :
Anonymous
(Querist) 22 January 2011
More detail....
Warrant of arrest in 498a issued in 2008, I was served overseas.
Chargesheet filed in 498a and 406 (ditto copy of FIR) but charges still not framed in lower court.
Passport office summoned my parents to know my whereabt and updated their system.
Pls advice if you need more information etc.
P.S I need Visa to visit India.
Thanks
