Len 22 November 2015

False 498a case -family is suffering

Dear Sir,

My brother wife has falsely filed a FIR 498a and my brother is an NRI.To give you a basic hint of the issue,my brother was married to girl from a very moderate background and my brother took her to south korea lived there for only 4 months and she verbal abused and tortured my brother leading him to commit suicide.Latter he came back with his wife and she went away to her mother house.After 3 months she filed false 498a case against myself(elder brother-I am located in middle east),mother and father accusing that we demanded dowry,but we have all evidence that my brother Lenin spent lots of money to the girl to keep her happily and full fill her dreams in south Korea.

Now my question to you is ,

1.Do i need to take AB since i m residing in MIddle east?
2.Still charge sheet is not filed and i would like to know how to fight this case strongly against the falsely fabricated case?
3.Also our lawyer is telling that he will quash the FIR in high court, i would like to know is it really advisable to quash the FIR in high court and if so what are the consequences? What is likeliness of quash FIR in high court? But all the allegations mentioned i the FIR are completely fake and also we have so many bank transactions that my brother wife has got credited to her account on various occasions.

3.Do i need to look for a criminal lawyer to fight this case in my location or wheather case can be handled in any other location?

Kindly help us to know better.

Thank you.

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6 Replies

(Guest)

your case is fit for going for quashing of FIR by High court. Best option for you guys looking at your circumstances. This is clear case of abuse of law and high court can use inherent power clause to quash FIR. But I am not able to understand why this lady is doing all this. There must be some germ of discontent. You are hiding that or your brother is hiding. When you ask query don't act angel. Tell full facts and truth to us so we can make out scenario and advise properly. Every problem does not have legal solution. Most problem are solved by correct counsel, arbitration and reconciliation. Our legal system is overburdened and limping. It is becoming slow and highly expensive as many lawyers are exploiting litigants. Our court employees and all kinds of service providers there are looting the litigants visiting courts. Courts themselves have hardly any fees. From 3 months to 1 year dates are being given. There is no control of courts. Seek judicial remedy only if other alternatives fail.

Laxmi Kant Joshi (Advocate ) 22 November 2015

There is very less chances to quashing of fir or chargesheet by the highcourt , better you all accused obtain AB and then fight your case on the basis of proof you have of your innocence.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 22 November 2015

Quashing is not an appropriate remedy in this scenario . Obtain anticipatory bail at the earliest opportunity . I don't know on what basis your lawyer has suggested quashing but in my opinion it is not maintainable

T. Kalaiselvan, Advocate (Advocate) 30 November 2015

After the latest supreme court verdict on 498a cases approach by police, the courts are instructed to take a liberal view especially with regard to the relatives of the husband living far off and elsewhere without any connection to the defacto complainant. In such circumstances, the high court liberally grant quash in respect of such relatives who live in some foreign countries against whom the complainant, taking advantage of the women biased law has initiated such processes just to avaenge the entire family members. Therefore if your advocate is confident enough about getting quash for you people, you may go ahead. If it is not granted then you may try the option of getting AB and then again try for quash of charge sheet once it is filed.

(Guest)

For mental and economic cruelty distance does not matter. The ladies specially keep spewing venom on phone or when they visit. they keep provoking the man to demand dowry or to insult and harass the lady so to get rid of her.

So this argument that we are at distance does not cut ice.

In your case we have already advised to go for quashing, if what you said was truth.But I have doubt as you did not reply to earlier query.