498 (a) Complaint but no FIR registered

@Dipak- Complaint dont empower IO to arrest you only if a FIR is registered then only you can be arrested. No Quashing is required for a complaint only FIR can be quashed.

But once FIR is registered then you can be arrested. Better dont visit India.

" Hello Experts"

i am neither expert nor advocate, still then answering,

if you like please read it, otherwise just ignore my post.

" because my passport might be impounded "

---   firstly confirm that whether any court or any police officer ordered you to surrender the passport. if not then most probably passport valid and you may fly. get it checked first.

" My wife has filed Crpc 125 against me..."

---   very nice, the atm machine is on.

"... i flew innocently from U.S. to india..."

---   not innocntly but stupidly, because a married man should not come to india, very specifically when there is a hitch with his wife.

(joking; pl do not mind)

they filed fake 498 (a) against me and they demanded lump sum of 5 lakhs rupees. ---   try to get to get this demand in writting - if possible.

...luckily i ddin't come in their hands and i was able to fly back safely.

---   thank god.

now while checking back i found out that no FIR has been registered and my wife has mentioned in Crpc 125 petition that they lodged a complaint against me (498 -a)

---   it means, they tried but could not succedded. state has not registered her complain. but she has an option still now, she can file a complaint case on 498a.

but i left country before inquiring officer inquires...........

if he wish he may call you. therefore keep a good relation with him.

............."HOW CAN I QUASH 498 (A) ? There is no FIR registered against me !

---   what will you quash?

no fir or no complaint case against you.

I came to know from various sources that inquiring officer is holding that complaint and they are waiting for me so that when i come to india they can put me in jail.....

---   try to avoid coming india.

"Inquiring officer who is holding this complaint is demanding Rs 50000 and i ain't paying him...........since i didn't do anything wrong............."

---   answer of this line not possible in open forum.

i ain't paying him...........since i didn't do anything wrong.............now should i call higher authorities like DSP to quash this 498 (a) ?

---   when no 498a registered against you, no question arise.

if you like you may complain about demand of bribe.

What are the best options for me ?

---   WAIT AND SEE.

@ Author

1. Who told you in India that by filing S. 125 CrPC to an Indian American Citizen Husband his passport gets impounded? Are you Americans so naive not to understand simple Passport Laws of either country!


2. Who told you in India that mere filing an Complaint for taking cognizance under S. 498a IPC and S. 406 IPC at police station once you Land at AMD or BOM Airport your passport will be impounded!


3. I recall reading in one of your messages that your are a American born Indian, your parents are in America, you’re a Hindu, you are religious chap and you have no bank account here and you have no property here in India so colly. all these leads you to go to Bahamas for a vacation believe me as we donot have extradition treaty for Marital Family Law matters with American Govt. Just start of last year RCN was abolished for NRI's so double vacation you can have now. There is no going to be RCN via Interpol for you and your Passport is not going to be on watchlist for S.125 as there is no such mechanism. She can't execute any orders under S. 125 CrPC against you though she may have n number of ex Party orders pending against you and all these orders are from State Vs. Mr. NRI.


Take a deep breadth Mr. NRI and first thing hire an ld. Advocate who knows about Family Law matters and keeping tab on him ask him to file exemption application for personal appearance for you till evidence stage comes first of all. Then file your reply to allegations counter all "neglect" and "ability" around which the whole of S. 125 CrPC revolves. In none of your messages I have seen after spending a day with her and flying back to USA have you sent her $ 1 ? She is your legal wife no matter she may be ms xyz / anything for your eyes which is not material to me but the first “prime facie” test of “desertion” followed by "neglect" she has established and since you are a NRI that also in IT field so the second prime facie part of intent and object that is "ability to pay" is also prime facie assumingly established. So stop crying about Indian system and Indian police we are not afterall bad than your county's Police and Feds.

Best is to showcause a trail of proofs of non- neglect theory she has in mind to get prime facie interim maint. i.e if you have sent her any letter for joining you and it has come back then that is one proof of your non neglect, if you sent her tickets to fly to your arms in USA and it has come back then that is second proof of your innocence, if you have sent some $’s via Western Union to her village Post Office and it has come back then that is your other proof so do you have some and or any of these to counter her theory of prime facie 'neglect to get interim maint. ? I see these missing in all your posts except that they are asking 10 K $ for MCD and police asking 1 K $ which irked you more; instead I wanted you to pay attention to S. 125 CrPC on head and how to avoid with proof of your liabilities with minimum damage which you are not listening to is my colly. observations to your this post.  


You are welcome to shout your best upon me……but before that read S. 125 CrPC what it is all about especially it is prime facie for quick maint. a societal civil welfare remedial law !

@  Tajobsindia i really appreciate the advise you gave me to prove myself "NON-NEGLECT" i have already mailed a letter asking her to rejoin...........let's see how things gooooooo................trust me i am very happy tht all of you guys are supporting me very well.............vooooooooooow..........tears in my eyes..........i c a hope........atleast now........sir with all respect thank you very much.