trident 28 September 2017

False 498a case - student on f1 visa

My wife filed a false 498a case against me just a couple of days before I left for the US to pursue Masters on F1 visa. Please help me with the following questions and the location of 498a is Bangalore.

1. I was not aware that there has been an FIR filed against me. I received a call from cops saying there's a complaint against me by my wife, but the FIR got filed later without my knowledge (which is 2 days before I Ieft to US). My lawyer filed for AB for me and parents and got it sanctioned. Is there any way in which my lawyer can file for a petition such as "condoning the first accused" from attending the cops investigation and subsequent court proceedings. My course is for 1 year and I can always return after the course is complete and fight the reminder of the case.

2. As the course is very intensive, it will be difficult for me to travel back to India on numerous occasions. My lawyer is advicing that I remain in the US and he is stating that he will try to handle the cops somehow. Also he is stating that if i come to india my passport will be ceased.

3. How can I continue my education in this situation as the university that I got into is amongst the top universities and such opportunities are rare.

4. Also the cops are harassing my parents. My parents are not from Karnantaka.

Reply Follow

6 Replies

SHREY DAMBHARE 28 September 2017

First, you should listen to your lawyer. Second ask him for quashing of F.I.R from High Court. If you left for US, then there is no problem otherwise take regular bail and request magistrate for exempting your presence for a year.

Vijay Raj Mahajan (Advocate) 28 September 2017

You can save time by filling quash petition in the high court where your exemption application for personal appearances in various courts and before police authorities can be made. An undertaking to attend court case as well cooperate in any police investigation in future can be pleaded. A similar application for personal appearances in trail court for now being represented by an advocate can also be made.

Siddharth Srivastava (Advocate) 28 September 2017

Subject to court order permitting you to travel US for your studies, you can join investigation through video calls, through your special attorney and also through your advocate. Donot try to abscond. Properly apply to court seeking permission for your higher studies in US. Filing petition for quashing in high court at this stage is not advisable as it will be premature and no court shall quash a complaint at this stage of inquiry.

Kumar Doab (FIN) 28 September 2017

The course is 1 year.

You have received adequate inputs as above and your lawyer is also advising you to handle the matter.

If cases are false, these may fall flat in court of law.

trident 29 September 2017

Hi all, Appreciate your responses. The below is the course of action that my lawyer is suggesting. We have received information that the cops have been bribed from my wife's side. Hence, my lawyer says that there are methods to get the chargesheet delayed by 1 year, by which time I will be in a position to complete the course. After an year, a petition to quash the FIR will be filed. But right now, basis GPA given by me to my parents, a divorce case needs to be filed from my end. Would the above strategy work. Also, I do have some high level police contacts and lawyer is asking me to use them to get the case transferred to mediation. What will happen if the case is transferred to mediation. Also, lawyer says that my presence is required to file a petition to plead the sessions court or high court to allow them request me to go back and complete my studies. But if I come to India now, he says the corrupt cop will try and cease my passport and hence he says I should not come to India. It I don't come to India, how can a petition be filed to request high court or sessions court to allow me to study in the USA

trident 29 September 2017

Hi all, Appreciate your responses. The below is the course of action that my lawyer is suggesting. We have received information that the cops have been bribed from my wife's side. Hence, my lawyer says that there are methods to get the chargesheet delayed by 1 year, by which time I will be in a position to complete the course. After an year, a petition to quash the FIR will be filed. But right now, basis GPA given by me to my parents, a divorce case needs to be filed from my end. Would the above strategy work. Also, I do have some high level police contacts and lawyer is asking me to use them to get the case transferred to mediation. What will happen if the case is transferred to mediation. Also, lawyer says that my presence is required to file a petition to plead the sessions court or high court to request them to allow me to go back and complete my studies. But if I come to India now, he says the corrupt cop will try and cease my passport and hence he says I should not come to India. It I don't come to India, how can a petition be filed to request high court or sessions court to allow me to study in the USA