498a fir quash

Have you not obtained AB already? If you have obtained AB there is no way the police can arrest you even if you land in India. AB in 498A is the rule and denial an exception.

In the light of the facts narrated by you, you have a good prima facie case to go for quashing of the FIR. The HC has inherent power to quash any FIR if it is proven beyond a shadow of reasonable doubt that the allegations in the FIR are false,motivated and made with the oblique motive of harassing the petitioner. In quashing the HC normally does not look beyond the the allegations in the FIR, unless there is an unimpeachable evidence pointing out the innocence of the petitioner. Having said this, nothing conclusive can be said unless the FIR is perused thoroughly.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

hello,

if u want to come India and join the investigation then get Anticipatory Bail first from the court of session through your lawyer.

emails are evidence if in accordance with dection 65A of evidence act.

if chargesheet will be filed then FIR cannot be quashed.

Better secure AB and join the investigation.

regards-

rahul.gogreen@gmail.com

Brother i am writing you from dubai, though i am not a lawyer or expert but would like to share own experiance , most of my family members passport are confisticated by lower court and I have more or less same story like you , you were more smart by recording her audio / video which might help you. but think 10 times to land in india as its very difficult to get the passport out and go back to USA for your job  . we did file quash application and result did not come in our favour as chargsheet was filled. so better quash it before chargsheet is filled. Let me know if you want to share or seek some help.

Dear Sir,

You should not come to India unless you obtain anticipatory bail. You can go for quashing the F.I.R. under S.482 of Cr.P.C. if  there is no prima facie case against you. You can call me up on 9842197857 for further legal advice.

https://www.jeevaganadvocate.com/contact.php

AB is a priority. However, success for quash can be ascertained after looking into the FIR.

Regards,

Shonee Kapoor

Hello everyone,

Thanks for your suggestions. I am lloking forward for an FIR quash, I belong to Hyderabad, so I need a good lawyer who can represent me at Hyderabad court.

Thanks for the reply Ashishji, Jeevaganji, and Shonee Kapoor ji for legal advise Any suggestions about good lawyer to represent me, and help me quash the FIR

Hello Rahul, I have to go for FIR quash because as i understand they are not going to file the chargesheet till i go back to India apaprently, my family members are dealing with legal things back at home, i feel so helpless and guilty that because of me they have to go through this nonsense. She even filed those charges on elders who came to discuss the issue and settle it, they have not even met her for more than two times, i dont understand how can she prove that they have harassed her for dowry.

Hi Abbas, I feel you bro, i recorded it because she always threatened me that things will be bad if i dont act according to her parents wishes, and the funny thing is her whole family is facing the same 498a charges filed by one of her aunt, and i only came to know about it 2 days after wedding, consider my bad luck or what ever but i learned to deal with it and was always cautious about what i do, futher the idea of recording was a gut instinct of my sister and brother-in-law and hope that will help us get through these vicious charges laid on us. I hope you are doing good in your case.

Agree to Mr. Davessar. Obtain AB first and then go for quashing.

Dear Victim,

I think your story is similar to mine except that I am not a NRI. I am also thinking about going for FIR QUASHING as we can only try. If we won't try, the FIR won't be quashed. So go for it. 

But I need to understand the role of POLICE in this case. I mean if I go for FIR QUASHING, will the HC instruct the POLICE to put a hold on the case and ask them to stop any investigation until a result is obtained from this QUASHING? 

If this is not the case, then I think POLICE can torture us. Please suggest. 

Hello Arjun check your inbox

@ Arjun

The HC would in all likelihood stay the further proceedings in the trial court during the pendency of quashing in the HC which would include the filing of the charge sheet. If you have secured AB already you need not be scared of anything.

Ashish sir, thanks for your reply. Actually my AB case is in High court and I am on 'interim bail' as mediation is on. Is it a good time to file for quashing or should I wait for mediation to end and then focus on my AB before going for quashing. I am a bit confused regarding the role of police as I am sure if I go for quashing, I.O. won't be happy and can torture me. 

Arjun,

Where is your case? Is it in UP/ Uttranchal? If so, then the quash petition  in all probablity would be dismissed with the instructions to the trial court for deciding bail on the same day.

Arjun,

First secure AB for yourself and then go for quashing if the facts of your case permit filing of quashing. Once AB is secured, half the battle is won already. There is nothing the IO can do once the accused has been released on AB. In a very recent case of quashing which we handled, the IO was mighty corrupt and hell bent upon harassing the accused in connivance with the complainant. Since the accused was out on AB there is nothing the IO could do except to wait for the outcome of the quashing. The HC gave a slap on the face of IO by quashing the FIR. Therefore, do not worry the least about what IO thinks. If on a reading of the allegations in the FIR/complaint and the other material there is a scope of quashing, go for it.

There are instances when the AB is granted w/o any travel restrictions.

Also, the success of quashing can be reasonably ascertained after reading of the FIR/ CS. Trust your lawyer to take a decision on the efficacy of the same.