Nri charged with false 498-a and 304-b needs advice

Dear Rajesh, I'm also victim of 498A in Hyderabad. Police may take time as per thier wish to file charge sheet. In my case after 10 months. Everymonth accused has to go to court to just show his face ans get next hearing date, it will take just 2 minutes in the court. Even after filing charge sheet also, because of the load of the cases, in initial 1 year, they will keep on giving dates without much trial. cases may take 3-4 years for judgement. As you are NRI police may expect more bribe from you. In the charge sheet itself, if they found that others have no role, they can delete the names like your parents, but it may cost you to pay bribes.If you land in India, you will never go back to UK until case is settled. As your wife is died in UK, you can try to file UK police report showing that you are innocent. You can file quashing in high court and get stay on the proceeding in lower court. To fight you need to have pateince, time and money.

Situation grave for you and any hasty wrong step now can make you loose precious time, money and chance to return back to UK.

There have been number of cases where I have handled  for my clients in India who like you were either on job visa or PR or even Citizen of foreign country and being NRI they suffered a lot both time wise as well moneywise.

The forensic report from UK after the post mortem of your deceased wife is a must for you to have and final Police Report about the incidence of her committing suicide and your involvement or non-involvement in the same. Getting a police clearance from UK Police about your non-involvement in her suicide will be of great help to you in Indian courts.

As far you coming to India at this stage will be very much detrimental for you and you will get struck here in India unless the Court allow you to travel and can be represented by lawyer in your absence after allowing you bail to be out of the judicial custody in India, immediately that won’t be possible.

You’re not coming to India may even get you declared absconding and PO from the court, but if things cool down and chances to get you out of these charges after your coming to India and surrendering in the Court is also there.

The Police can issue look out notice against you that exposes you to Indian Immigration placed at all international ports in India to report your arrival to local police to arrest you on your landing in at any airport here.

The chances that Indian government cancel your present passport also exists as that will be done to stop your going out, and this the deceased wife side party will do by its influence.

Your best option in such case is to compromise with the opposite party and try to reach an agreement for them not to insist charges against you all under S498A 304B IPC and let the suicide of their daughter be because of other reasons not because of dowry demand by you all.

For more detailed discussion you can contact me for paid consultation.

Vijaymahajan5758@gmail.com

Thanks both for your kind response. Coroner's report from the UK seems to be crucial and I am also closely following up to get that at the earliest. My in-laws are trying to approach for a compromise but unfortunately with a high demand which I am not ready to pay for no mistake of mine. Hoping, Justice, and truth win. Thanks again !!    

@ Rajesh

Listening to these crook lawyers on this website will scare you to death. you may also commit suicide.

reality these days indian girls get married just to go abroad and extort money from NRI.

girls family more worried about extort money from you instead finding out why your bit*h commit sucide.  money is most important to your inlaws. they can sell their daughter for even 1 cents.

now coming to you. -->

If you land in india either case or no case..... you will not return back to UK again.

lawyers will give you toooooooo much promises ... but when you land.. your passport will be deposited in court and you can not easily get it back. process time is around 7-10 months easily,.... then you have to get permission from court to travel... another 7-10 months.. easily 2 years you will be stuck in india and paying money to these crook lawyers....

as long as you do not travel to india, they can not harm you..... no law in india can touch you as long as you are in UK.

I am at a loss to understand, with my limited knowledge, as to how there could be crime registere and investigated in India when the suicide happened in the UK.

Appreciate your kind response and understand your aggression but do not encourage someone to abuse any lady as it is not just their mistake and could possibly have several reasons behind the incident like hypersensitivity, mental depression, weak-mindedness, improper/inappropriate surroundings where they were born and brought up. Agreed there could be certain people who wish to torture others.

In my case, I suspect it could be hypersensitivity and inappropriate surroundings where she was brought up. Though something seriously bad happened to me, I would still pity my wife not being able to understand what her husband is and how much he cares for her. It's all my fate.

Yes true, so far I was given the same recommendation to not to land in India until the case reaches certain state and I hope I will have to follow the same.

@Venu Sir - Yes true, there is no investigation happening in India and all they are saying is 'waiting for the report from UK police'.

Which Police Station has taken cognisance? What is (are) the offences?

Dear Sir, the offense as per FIR

              "Myself, my parents and my sister along with brother-in-law were harassing my wife for additional dowry since day 1 of the wedding and my in-laws managed to fulfill my cash demands twice but this time as the amount demanded was high (10 lacs INR), they could not fulfill the same. Being this the reason me and my family harassed my wife which lead her to kill herself. It is also mentioned that my wife used to regularly call their parents crying and requesting them to fulfill my demands." 

They somehow managed to get a couple of their relatives give a false statement that one of cash transaction happened in their presence. There is no other evidence produced so far and not sure if they are planning to get some more people ready to give false statements.

When was the FIR lodged, prior to or subsequent to the suicide?

@ P. Venu

Please refer to section 4 of the Indian Penal Code:

Extension of Code to extra-territorial offences- The provisions of the Code apply also to any offence committed by-

(1) any citizen of India in any place without and beyond India;

Explaination- In this section-

(a) the word "offence" include every act committed outside India which, if committed in India, would be punishable under this Code;

This will clarify your doubts regarding this:-

" I am at a loss to understand, with my limited knowledge, as to how there could be crime registere and investigated in India when the suicide happened in the UK."

@ Vijay Raj Mahajan

Thanks for the information. However, it is seen that the provisions of Section 4 needs to  be read with the proviso to Section 188 of the CrPC:

188. When an offence is committed outside India-

(a) By a citizen of India, whether on the high seas or elsewhere; or

(b) By a person, not being such citizen, on any ship or aircraft registered in India.

He may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found:

Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.

As such, it is the moot question whether, in the instant case, sanction of the Central Government has been obtained.  

@ P.Venu

Sure the moot question whether, in the instant case, sanction of the Central Government has been obtained but you must also refer to section 189 Cr.P. C:-

189.Receipt of evidence relating to offences committed outside India.- 

When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 188, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before a Judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.

The Central Goverment before sactioning the inquiry or trail can get the Police investigation report from UK and the same is awaiterd as per the querist himself and as such no inquiry or trail initiated yet, just the FIR registered. For registering FIR no prior sanction of Central Government required

Originally posted by : Krishna
	Dear Rajesh, I'm also victim of 498A in Hyderabad. Police may take time as per thier wish to file charge sheet. In my case after 10 months. Everymonth accused has to go to court to just show his face ans get next hearing date, it will take just 2 minutes in the court. Even after filing charge sheet also, because of the load of the cases, in initial 1 year, they will keep on giving dates without much trial. cases may take 3-4 years for judgement. As you are NRI police may expect more bribe from you. In the charge sheet itself, if they found that others have no role, they can delete the names like your parents, but it may cost you to pay bribes.If you land in India, you will never go back to UK until case is settled. As your wife is died in UK, you can try to file UK police report showing that you are innocent. You can file quashing in high court and get stay on the proceeding in lower court. To fight you need to have pateince, time and money.

The facts of present case do not appear to be siilar to your. 

He is NRI and accused of 304B.

304B and 498a are unique feature of Indian legal system.  Report of UK police will not at allhelp him. They would have arrested him if there was a ppoistive report of intigation of suicide.  But in this case he can be tried and sentenced on presumption.

Originally posted by : Vijay Raj Mahajan
	Situation grave for you and any hasty wrong step now can make you loose precious time, money and chance to return back to UK. There have been number of cases where I have handled  for my clients in India who like you were either on job visa or PR or even Citizen of foreign country and being NRI they suffered a lot both time wise as well moneywise. The forensic report from UK after the post mortem of your deceased wife is a must for you to have and final Police Report about the incidence of her committing suicide and your involvement or non-involvement in the same. Getting a police clearance from UK Police about your non-involvement in her suicide will be of great help to you in Indian courts. As far you coming to India at this stage will be very much detrimental for you and you will get struck here in India unless the Court allow you to travel and can be represented by lawyer in your absence after allowing you bail to be out of the judicial custody in India, immediately that won’t be possible. You’re not coming to India may even get you declared absconding and PO from the court, but if things cool down and chances to get you out of these charges after your coming to India and surrendering in the Court is also there. The Police can issue look out notice against you that exposes you to Indian Immigration placed at all international ports in India to report your arrival to local police to arrest you on your landing in at any airport here. The chances that Indian government cancel your present passport also exists as that will be done to stop your going out, and this the deceased wife side party will do by its influence. Your best option in such case is to compromise with the opposite party and try to reach an agreement for them not to insist charges against you all under S498A 304B IPC and let the suicide of their daughter be because of other reasons not because of dowry demand by you all. For more detailed discussion you can contact me for paid consultation. Vijaymahajan5758@gmail.com

Whther someone likes it or not.

The views expressed by SHri Vijay Mahajan are the cold reality which one has to live with.