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Manjit Shahi (N/a)     23 December 2011

False fir registerd after the divorce certificate was issued

In march,2011. I had Divorce in Canada but in July,2011 Punjab Police made a false FIR under section 498a,406,420 & 120b. my case related news link   https://punjabnewsline.com/~punjabne/content/bridegroom-canadian-woman-alleges-victimisation-brides-family/32478   i have 100% Proofs to prove this FIR is false as well as I have another (1st) complaint by this family against us, which was very very diffrent to this one, like in the 1st complaint Rape scene was not involved & they said the woman only stays with us for 1 day only. Now we made re-investigations with all the evidences but police dont want to listern to us. The challan is not ready even its been almost 6 months for the FIR because the other party doesnt have any single evidence submitted as their complaint. What i can do about this..? Can I submit an Application of Discharge under CRPC. 239 before the challans...? what are the other options except for the quashing in the High Court.. Thanks in Advance...



Learning

 14 Replies

K.P.Satish Kumar (Advocate)     24 December 2011

Uou can file a quash petition to quash the FIR in High Court.

Visit : https://myadvocate.wordpress.com

email: myadvocate@rocketmail.com

**Victim** (job)     24 December 2011

Manjit when it comes to deportation i think canadian police has done the way it is suppose to be except handcuffing you that is something i haven't heard before. I personally know how deportation & immigration is handled in U.S. as well as Canada. As per the new immigrations law if a sponsoring party changes it's mind due to relationship breakdown or financial loss to support his or her spouse then canadian authorities can deny you residentship in canada. I am sure you have gone through a lot so you might know better then i do if not then please go through FAQ in this link https://www.cic.gc.ca/english/information/faq/immigrate/sponsor/index.asp


It seems you have lot of fight her not only with indian authorities but also with canadian authorities. Regarding quashing 498 (a) and other cases there are experts to answer your query better then i do. But you need a good lawyer for sure. Wish you all the best !!!

**Victim** (job)     24 December 2011

Manjit this the only problem for 498 (a) the moment it is lodged in police station victim like us get arrested and then once no evidence found they don't file FIR. This is nothing but misuse of law if you have strong proof to prove that those complaints filed by your wife were false then why don't you file Crpc 340 ?

Manjit Shahi (N/a)     24 December 2011

There are some other reasons for FIR registered against me because In the Federal Court of Canada, I sues Canada Government along with immigration minister & 3 Punjabi M P's in canada before the FIR.  Here is the link..  https://www.thestar.com/news/article/1030459--runaway-groom-sues-estranged-wife-government  My Canadian lawsuite is still in process & from the government of Canada doesn't even provide any single evidence or arrest warrant of me, for this lawsuite yet. on 23rd of november 2011,I have the letter from Peel Police issued saying that they dont have any record of me.From India, It's hard for me to fight this case in Canada but I have my Faebook friends to Supprt me to fight this case in Canada.. To know more about me, here is the link of my facebook account  https://www.facebook.com/manjjshahi

**Victim** (job)     24 December 2011

Manjit once again going through the whole scenario as you can see 2 year rule of cancelling spouse petitions still stands there no matter if it's U.S. or canada CBP or CBS were just doing their job your wife did it with the intention that she can throw you out of the canada and for that she file fake charges on you. Once again deserting at YYZ or pearson airport was the biggest mistake if you did from that point itself you are in trouble. Upcourse you were not told that she had polio but during traditional marriage you were well aware of the situation and you could have backed off from there itself but despite of the face you knew everything and you went to canda and then everything started. The fact that you were unaware of her disability would not be entertained in canada. As far acquiring your police complained from canda is concerned it looks like canadian authority doesn't want to get involved in this and they are reluctant to help you out in this case best is you should ask your relative in toronto itself to get your police or arrest report so that you can fight these cases on merits.


Do you have deportation letter saying why you were deported ? If it would have been U.S. i would have helped you with everything i could.....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

was the divorce contested by other party?

 

If so, then it can be quashed.

 

You may contact the undersigned for getting details of similar cases.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Manjit Shahi (N/a)     25 December 2011

Kapoor Sir, my divoce was un-contested.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

Then the same may not be valid in India, if marriage was performed in India.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Master Warrior (AOR)     26 December 2011

Victim: The 2 year rule only applies to the United States. In Canada, once the sponsored person (parents/children/siblings/spouse) arrives, the sponsor has no choice but to be responsible for them for 3years in case of spouse and 10years for other relatives. This essentially means if they go on public assistance, the sponsor gets held liable until that period.

In the States, first the person gets a provisional green card for 2 years, and after 2 years have passed the immigration is permanent.

**Victim** (job)     26 December 2011

@ Masterwarrior i went through a video provided by immigration officials of canada saying that they have implemented 2 year rule in canada as well. I am from U.S. therefore i am much familiar with U.S. immigration laws. Please clarify if the information i saw was wrong.
 

Master Warrior (AOR)     26 December 2011

@Victim: I looked it up, and you're partially right. It's a proposed measure, but as far as I can tell it hasn't been implemented yet. See the following:

https://www.canadavisa.com/news/entry/proposed-changes-for-spousal-sponsorships-110330.html

https://www.fogartylaw.ca/2011/05/changes-to-family-sponsorship-rules-in-canadian-immigration/

This will, if implemented, actually be stricter than US guidelines. The States requires the person to be married two years before the condition is lifted.  If for example somebody gets married, and immigration is obtained a year later, then one year after that the conditional status would be removed.

 

With the proposed Canadian rules, if they are married less than two years, then the status would be conditional for two years AFTER entry not just 2 years after marriage.

As far as "I am from U.S.", I'm pretty familiar with laws of both countries, having been born in one and raised in the other :P

And having also been a victim of the IPC and 498A, I'm familiar with that aspect of Indian law and its abuses too. Check out my post for victims from the U.S. and Canada.

**Victim** (job)     26 December 2011

I guess we need to talk check ur PM

Richard Peirce   11 February 2019

You have made an incredible showing on this article. It's exceptionally comprehensible and exceedingly wise.

Richard Peirce   11 February 2019

You have made an incredible showing on this article. It's exceptionally comprehensible and exceedingly wise.

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