narain raj (student) 08 November 2012

Steps to stop wife from using false 498a fir as valid one...

I am NRI. Wife filed 498a and 406 on A1(m),A2(f),A3(s),A4(b),A5(me) around 4months before.

After 3months struggling(after crossing their continuous intervening ) my family members got AB for A1,A2,A3,A4 after surrendering all her stridhan items at mediation cell. A1 struggled bit. But finally got.

Since I am NRI i havent included my name in AB application. Last week only I have applied for quashing. I didnt get number yet.But have ref no.

After getting all AB for family members I thought my family members are safe.
Suddenly we came to know that wife & co simply gave one letter to sp. He simply signed in the letter and fwded to magistrate court.

Letter Content:
1) Need to announce my husband as a searchable criminal. So that I can publish in newspapers a,b,c..
2) Need to make A1,A2 in to custody for 2 days to enquire about my husband address and his assets.

3)Need to lock my husband's all bank accounts,properies from selling,her fil's property as well(bcoz it bought on my husband money)

4) Need to inform to passport authority to get back him to India bcoz he didnt came for enquiry at all.

We got completely shocked by reading that letter signed by SP and fwded to magistrate court.
Luckily we found it and stopped . APP rejected fwding to magistrate stating case is running on HC and her husband applied for quashing with ref no and she hided all those in that letter. If we haven't noticed this i couldn't able to even imagine my situation and I will not even able to fight. By simply creating faq FIR she is trying to kill my entire family.
Next week I will get the quashing certified copy. I have all vaild proofs to quash.But it will take atleast 6months it seems.Lawyer said notice will go automatically to police soon about quashing.No need to worry like that.

Now what I need to do?

1) Keep patience until FIR get quashed. After that file counter cases.

2) How to stop her ? Still she has any other powerful weapons ?

3) Can I send quashing filed copy to all authorities(passport officer,local station,sp,dig) myself . Bcoz she simply hiding everywhere and saying her husband is absconded. So that atleast everyone knows husband is not absconded and he is fighting. If this is correct to whom and all I need to send?

I havent get proper sleep for last 3months. Atleast last month i slept piecefully thinking my family is safe. But again i am back to hell.

Please give me proper steps to stop her using faq FIR as a valid weapon everywhere.

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3 Replies

Sanjeev (Lawyer) 08 November 2012

These cases dont get Quashed like that unless there is primae facie flaw in the FIR and HC would not go into the details. The only advantage you get is hold / stay the lower court proceedings for some time. if the other side is quick it will try to get the Quash petition dismissed or stay vacated faster.

I dont think the application they made would have made any impact-- you since not on bail unless given any stay by HC is sooner or later likely to get NBW's issued unless you seek regular bail. if you have permanent job outside India its better to stay there and not visit India for few years till the cases get compromised as these get compromised sooner or later.

The initial phase takes your toil as the other side knows that they should make the highest impact initially as once you all are on bail you set to stabilise and fight back.

Hold the case in HC as long as you can that is the best way for you as of now and stay away as she may make a application for impounding your passport that will hold you back here.

narain raj (student) 08 November 2012

Thanks for the reply Sir. My lawyer has filed quashing with stay order. And he is in full confident that FIR is very weak. So opposite party can't counter Quash petition or stay order. He didnt even asked my quashing proofs given. He said he will get it from me if he needs.

After getting the certified copy of my quashing pending copy can I forward myself to passport impounding department stating not to accept her impounding request application if she submits until quashing is pending?

After I get stay order will send the copy aswell to them.

How to stop her from publishing in local news papers? Her sp signed appln already rejected by APP. Is that enough?
Or I need to send the copy myself to local newspapers dont publish ..bcoz quashing is pending in HC..?

Is there any way to apply myself in magistrate court to protect my family from her by intimating I havent absconded and I have filed quashing?

narain raj (student) 09 November 2012

Can any one reply how to prevent passport impounding?

Can I apply in district court to anticipate passport impounding?

Can I myself inform RPO through registered post stating I am fighting in HC to prove the false allegations filed by wife

with the quashing petition details? So that they will be aware I haven't absconded .. Even if wife gets any order from

lower court /family court/Magistrate court (she is simply spending money and trying to get the things done.) to impound my passport atleast passport officer will be aware the case is running on HC.