The Supreme Court has recently ruled that the High Courts can quash an FIR against a person if it did not prima facie disclose any offence. if upon the admitted facts and the documents relied upon by the complainant or the prosecution and without weighing or sifting evidence, no case is made out, the criminal proceedings instituted against the accused are required to be dropped or quashed", the bench said. Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to be saved

Mere casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute specially if it happens soon after the wedding. High Court is empowered to quash a criminal proceeding where it is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. The Courts are also empowered to quash in case where the allegations in the FIR even if taken at their face value do not satisfy the ingredients of offence complained therein.

But in your case it is not easy to quash the case.Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.If your wife has accepted the authority of US court, it cannot be open to her to later question the authority of the US court. 1. If someone has accepted the authority of a court, it cannot be open to the person to later question the authority of the court.Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system.

From your query it is to be understand that your wife filed 498A case and dowry harassment. If the FIR is charged under 498A ,then the option is to take anticipatory bail and contest the case .So in this juncture the high court will not ready to quash the FIR.

1) your divorce decree granted in USA would not be valid in India if your wife has not participated in divorce proceedings in USA

2) quashing is to be done only in exceptional circumstances

3) if allegations made in FIR do not disclose commission of offence FIR can be quashed

4) legal fees vary depending upon lawyer engaged by you

5) it is better you obtain AB and contest case on merits in India

personal presence of accused is necessary at time of hearing of AB

2) it is surprising how court granted AB to you when you were not personally present

3)what were terms and conditions on which your parents were granted AB

4)generally there is condition that you need court permission to travel abroad

5)your parents can with court permission come to USA for 6 months

6) it is true that 498A case will be in one court and DV case in another court

7) you can come down to India and cooperate with police in investigations

Hiii, sir after the FIR is lodged under 498A , the police carries out investigation and submits investigation report in the court .. The police in the investigation , can also remove the name of your parents if they do not find them guilty .. Therefore , since all of you are already on anticipatory bail , you should join the investigation and submit your defence with the police .. There are high chances that they can remove your parents name as your wife never stayed with them and was with you in USA..after the investigation report is submitted , you have to appear before the trial court and take regular bail( on behalf of anticipatory bail) and submit relevant surety ..afterwards, the trial will commence and you have to appear on the prescribed dates of hearing.. Yes , you can file for quashing of FIR in high court , if you have Strong grounds of it..

1.Since an option of anticipatory bail is there do not go for quashing.

2.Quashing is rarely allowed and even if your case has merit then wait till submission of chae sheet.

3.SInce you are the principal accused person do not waste time more and apply for bail for which option will have to come to India.

4.Do Not delay in applying for AB as it may complicate the matters.

5.DOnot worry you would get bail easily and thereafter you can return to join your service.

Yes you can go for quashing on the ground that already divorce was granted (if it was not granted ex-parte). Fee for filing the case will depend on the lawyer you take on board. Usually it is between 35-50.

Yes two cases will be in two different court and you please follow with the condition of the AB otherwise the same is cancelled. You should go to India now otherwise the police will file the charge sheet, or if you are not coming you can ask your parents to file a FIR quashing in the HC. Yes that is true if you are not in country you should not apply for AB since you are not in country and there is no anticipation of arrest.

Regards

1. Since your parents have availed anticipatory bail, you also should apply for and avail, AB from the said Court by arriving in India and contest the case fittingly thereafter.

2. You should file an application praying for waiving your physical appearance on the days of hearings since you stay abroad for earning your livelihood.

3. After that negotiate with police for getting a mild Charge Sheet filed keeping lots of loop holes in it.

4. Thereafter find the loopholes in the charge sheet and then file a petition before the High Court praying for quashing the said FIR falsely registered against you.

5. Alternatively, you can also negotiate with your wife and file a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing and with the help of the said MCD.

6.If she agrees for filing MCD, ask her to affirm under affidavit that she had lodged the said police complaint under domestic rage which she has withdrawn now and based on the said affidavit, file the quash petition and she should be present before the court on the date of the hearing of the said quash petition to depose in your support.if directed by the Court.

1. You have not mentioned in your 1st post that you were also allowed AB by the Court.

2. How had you applied for the AB? Who had signed the petition for you? If it was signed by you and directly sent to India, then it is a blunder committed by you since it showed that you have signed the plaint and Vakalartnama and the plaint before your Advocate in India when your passport shows that you were not in India. In such cases, the plaint and Vakalatnama is signed abroad and notarised by the appropriate officer of local Indian Consulate which is acceptable by Indian Court.

3. What is the point of taking your parents to USA when they shall have to appear before the Court on each day of hearing?

4. Visit India and appear before the Court at the earliest and take steps as suggested in my earlier post.

You have not stated that if it was a contested or mutual consent or exparte divorce.

In any case since she was available in US at the time of grant of divorce dissolving the marriage, the decree of divorce can be held legally valid unless it is an exparte divorce.

It is very clear from the facts that she has misused the law to avenge you and your parents by invoking criminal complaints with police for the dowry demand offences and domestic violence.

Well for quash, the fee of the lawyer will be known from the lawyer you may engage, but, in my opinion it will be to early to go for quash.

You may better wait for the developments in the case and then decide what action to be taken on this at a later stage when there it becomes helpless than to attend the court to face trial in this case.

How long i can stay in usa can i stay until this year end?

Since you are in USA you should not have applied for AB so soon, it was a mistake you did by applying for AB for yourself also along with your parents.

The police cannot come to USA for arresting yo even if the FIR is kept pending without filing charge sheet.

The AB for your parents alone would have been sufficient at this stage.

Well since yo have already applied for AB, it becomes pertinent for you to come to India to surrender and execute the bail as per rules and law in vogue.

In fact when you visit India for this purpose you may not be able to return to USA during the pendency of the criminal case against you, you may have to stay back till the disposal of the criminal case even if ti takes years to get disposed.

My attorney said my anticipatory bail got expired in 15 days as they registered FIR and he applied an extension for me requesting court to give 3 months of time for me to attend. Is there any such type of thing?

It is a routine procedure to request for extension of time to surrender before court to execute the bail for getting enlarged on it.

What happens if i get my mom & dad to usa for 6 months? So dowry harassment will be in one court and domestic violence will be in another court? As my parents are not educated i am really worried where i need to send them - what you will suggest me to goto india now or by this year end? As i was in usa can my attorney get me the anticipatory bail some people are saying its a mistake as i was not in the country we shouldn't apply for anticipatory bail. Please suggest me wati can do.

You cannot send your parents anywhere, they have to remain in the same place.

They can attend both the courts simultaneously as both the courts are located in the same premises/complex.

You can decide about your AB even now, and your advocate may be advised to leave the mater as it is and you dont try to get AB at this stage, you can take care of the issue when you decide to return to India permanently until then there is no danger to you in this regard.