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498a victim (NA)     07 November 2012

498a fir quash

Dear Sir,

I am an NRI, I got married in 2011 March, however my wife did not join me for another 10 months. After spending 2.5 months with me in States, she returned back to India. Since then both families elders discussed the problems between us for 6 months, and i was present for the last session of discussion, where we both told our version of facts. It is a clear case of marraige went sour and our relationship did not work, but now she is trying to avenge me by files false criminal charges against me and my family in form of 498a and 506.

I did not even take a single penny as dowry, but she is framing me, my family members including the elders who participated in the discussion on my behalf, on charges of dowry harassment and physical and mental torture.

My question is if i can quash the 498a fir, because all the charges are fabricated and i have evidence

1) I secretly recorded the final session of our discussion, where it is clear that we both had issues which went sour and it is nothing related to dowry. In the video it can be clearly seen and heard, when she siad we didnt had any financial disputes and that i do not even know what her salary was.

2) I have e-mail exchanges where she subtly threatened me that if i do not act according to her parents wishes, they will screw up my life in a way that i will have to commit suicide

3) I have e-mail exhcnages between her and her friend, who is also my friend where she admitted that her family is pushing her into filing these false charges, and the e-mail is dated after the 498a was filed and the e-mail she used was her work e-mail address, which cannot be accessed by any one else than her

I have many more e-mail exchanges to prove my innocence, and there are also inconsistencies between her fir and the legal notice her lawyer prepared. It is very clear that they are trying to extort money out of us.

Please suggest me if i have enough evidence for fir quash and what should i do next. The police are not willing to look at our evidence (surely they have been corrupted) and they are not filing a charge sheet until i go back to India, and if i do i will be arrested for sure. I have news that they have given my passport details to the immigration department.

Please guide me what to do next.



Learning

 15 Replies

Rahul Kapoor (Legal Enthusiast)     07 November 2012

hello,

if u want to come India and join the investigation then get Anticipatory Bail first from the court of session through your lawyer.

emails are evidence if in accordance with dection 65A of evidence act.

if chargesheet will be filed then FIR cannot be quashed.

Better secure AB and join the investigation.

 

regards-

rahul.gogreen@gmail.com

Abbas (Product marketing)     07 November 2012

Brother i am writing you from dubai, though i am not a lawyer or expert but would like to share own experiance , most of my family members passport are confisticated by lower court and I have more or less same story like you , you were more smart by recording her audio / video which might help you. but think 10 times to land in india as its very difficult to get the passport out and go back to USA for your job  . we did file quash application and result did not come in our favour as chargsheet was filled. so better quash it before chargsheet is filled. Let me know if you want to share or seek some help.

MADURAI LAWYER (LEGAL CONSULTANT)     07 November 2012

Dear Sir,

You should not come to India unless you obtain anticipatory bail. You can go for quashing the F.I.R. under S.482 of Cr.P.C. if  there is no prima facie case against you. You can call me up on 9842197857 for further legal advice.

https://www.jeevaganadvocate.com/contact.php

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 November 2012

AB is a priority. However, success for quash can be ascertained after looking into the FIR.

 

 

 

Regards,

 

Shonee Kapoor

3 Like

498a victim (NA)     07 November 2012

Hello everyone,

Thanks for your suggestions. I am lloking forward for an FIR quash, I belong to Hyderabad, so I need a good lawyer who can represent me at Hyderabad court.

Thanks for the reply Ashishji, Jeevaganji, and Shonee Kapoor ji for legal advise Any suggestions about good lawyer to represent me, and help me quash the FIR

Hello Rahul, I have to go for FIR quash because as i understand they are not going to file the chargesheet till i go back to India apaprently, my family members are dealing with legal things back at home, i feel so helpless and guilty that because of me they have to go through this nonsense. She even filed those charges on elders who came to discuss the issue and settle it, they have not even met her for more than two times, i dont understand how can she prove that they have harassed her for dowry.

Hi Abbas, I feel you bro, i recorded it because she always threatened me that things will be bad if i dont act according to her parents wishes, and the funny thing is her whole family is facing the same 498a charges filed by one of her aunt, and i only came to know about it 2 days after wedding, consider my bad luck or what ever but i learned to deal with it and was always cautious about what i do, futher the idea of recording was a gut instinct of my sister and brother-in-law and hope that will help us get through these vicious charges laid on us. I hope you are doing good in your case.

Ashimta Lekhi Malhotra (Independent Lawyer)     13 November 2012

Agree to Mr. Davessar. Obtain AB first and then go for quashing.

Arjun Gupti (Business)     14 November 2012

Dear Victim,

I think your story is similar to mine except that I am not a NRI. I am also thinking about going for FIR QUASHING as we can only try. If we won't try, the FIR won't be quashed. So go for it. 

But I need to understand the role of POLICE in this case. I mean if I go for FIR QUASHING, will the HC instruct the POLICE to put a hold on the case and ask them to stop any investigation until a result is obtained from this QUASHING? 

If this is not the case, then I think POLICE can torture us. Please suggest. 

498a victim (NA)     15 November 2012

Hello Arjun check your inbox

Arjun Gupti (Business)     15 November 2012

Ashish sir, thanks for your reply. Actually my AB case is in High court and I am on 'interim bail' as mediation is on. Is it a good time to file for quashing or should I wait for mediation to end and then focus on my AB before going for quashing. I am a bit confused regarding the role of police as I am sure if I go for quashing, I.O. won't be happy and can torture me. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 November 2012

Arjun,

 

Where is your case? Is it in UP/ Uttranchal? If so, then the quash petition  in all probablity would be dismissed with the instructions to the trial court for deciding bail on the same day.

 

 

 

Regards,
 
Shonee Kapoor
2 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2012

There are instances when the AB is granted w/o any travel restrictions.

 

Also, the success of quashing can be reasonably ascertained after reading of the FIR/ CS. Trust your lawyer to take a decision on the efficacy of the same.

 

1 Like

Vick (director)     07 June 2013

Arjun , kya dost naam Arjun hai fir Police kya karegi......... they can do nothing , We are not Criminals....


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