Pavan Kumar Sandur (others) 06 November 2013

Quash for nri accused 3 in 498(a)

Learned Members,

Me, my mother and brother were named as A1, A2 & A3 in a false dowry harassment case.

Since my brother is a NRI and has been staying away from India, during the proceedings of the 498(a) case, my

brother's name was separated and dealt as a separate case.

Now, me and my mom have been acquitted in the 498(a) case, however the case against my NRI brother is still pending.

Question 1) What are the constraints to seek quash of the pending case against my NRI brother.

Question 2) What should be my next course of action, if quash is not an option?

Question 3) Is the HC only authorized to quash this case? Can the District court help?

Seek your valuable advice on this issue.

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2 Replies

dv (ghvhb) 07 November 2013

Is ur brother a foreign citizen or does he have indian passport? Can you share your case details as it sounds similar to mine

T. Kalaiselvan, Advocate (Advocate) 07 November 2013

Please state that whether the main case was split and you both were acquitted? Specify the reasons for acquittal, if you both were not parties but were unnecessarily impleaded hence no case found against you both, you both were acquitted or whether the defacto complainant turned hostile to the case after splitting up of the case? The said information is vital to opine about the possibilities of quash before high court or to settle the issue in the lower court itself.