• 498 dowry case

Hi , I am Australia citizen . My wife is also in Australia we both have been divorced in Australia and she got married with Someone els . Girl parents lodge Fake fir against our whole family . My parents charge sheet is filled and case is in court . My charge sheet is still pending . I was in Australia when fir was lodged . I want to see if I can go high court for quashing the fir against me and my family . 
Please advise
Asked 10 days ago in Family Law
Religion: Hindu

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11 Answers

Details required. If merit permit then you and family can approach for quashing. 

Siddharth Srivastava
Advocate, Delhi
1415 Answers

You are liberty to file petition for quashing of FIR in 498 A case 

 

if allegations made are vague devoid of  a material particulars. You can file a petition in High Court for coaching of FIR

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

Yes better to go P&H High Court for quashing.. 

 

Through multiple process you can save your family from this false case...

Let me know if you need my assistance! 

 

Advocate Dinesh Kumar 

FAMILY LAW EXPERT

 

Dinesh Kumar
Advocate, New Delhi
24 Answers

You can very well file a petition to quash the charge sheet provided your grounds are strong enough.

Besides if she filed the criminal case after divorce then you have good grounds to get it quashed through high court.

T Kalaiselvan
Advocate, Vellore
87421 Answers
2348 Consultations

Yes, you can assail the chargesheet in appropriate proceedings before the High Court and seek quashing of the chargesheet. Move a stay application, and seek stay order/no coercive, for the interim period.

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

1. What are the allegations levelled by her parents against you and what are the sections put against you in the said FIR?

 

2. If you have irrefutable evidence that those charges are fake and fabricated to take revenge on you and your family members then you can file a petition before the high Court praying for quashing the FIR.

 

3. Ordinarily, Indian Courts do not entertain such Quash Petitions before Police submits Charge Sheets against the FIRs. 

 

4. So, it might be prudent on your part to wait till Police files the charges sheet and also pursue with the Police for expediting submission of the charge sheet.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

You can file a petition in the High Court to quash the FIR against you and your family, This allows the High Court to quash FIRs if the allegations are false or if there is no prima facie case against you.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

- If the divorce was granted by the Australian Court on the ground of mutual consent then that decree of divorce is valid in India. 

- Further, if she has already re-marry with another person , then her petition against you even not maintainable. 

- You can approach the High Court for quashing the FIR.

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Yes you can approach the court for quashing but validating of your marriage may be an issue in such case. But as it is a mutual receee then chances of quashing is bright unless your wife objects 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

Yes, you cna apply for quashing if your case has such merit. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

 

Dealing with a dowry case under Section 498A from abroad, especially after you and your spouse have divorced and you are residing in a different country, can be challenging but there are legal avenues you can pursue to address the situation. Here are steps and considerations for approaching this issue:

1. Quashing the FIR

Given that you were in Australia at the time the FIR was lodged, you may have a strong case for quashing the FIR on the grounds of jurisdiction and lack of involvement. Here’s how you can proceed:

  • High Court Petition: You can file a petition in the High Court under Section 482 of the Criminal Procedure Code (CrPC) to quash the FIR. This section grants the High Court the power to quash criminal proceedings to prevent abuse of the process of any court or to secure the ends of justice.

  • Key Arguments:


    • Lack of Jurisdiction: As you were not in India at the time the alleged offense occurred, this can be a critical argument in your favor.

    • Absence of Prima Facie Case: Demonstrate that the accusations are baseless and that there is no sufficient evidence to proceed against you.

    • Merits of the Case: Since the FIR is alleged to be false and you have substantive proof of your absence from the country, this strengthens your position.

2. Legal Representation

  • Hiring a Lawyer: Engage a competent lawyer in India who specializes in criminal law and has experience dealing with NRI (Non-Resident Indian) cases. An experienced lawyer can help navigate the complexities of Indian legal proceedings from abroad.

  • Coordination: Ensure that your lawyer coordinates with your family's lawyers in India if the cases are interconnected. This will help in forming a unified legal strategy.

3. Documentation and Evidence

  • Collect Evidence: Gather all relevant documents such as your passport entries, visa details, employment records, and residential proof in Australia that show you were not in India at the time of the alleged offense.

  • Affidavits and Statements: Prepare detailed affidavits and other necessary statements to support your claims in the High Court.

4. Process and Timeline

  • Filing the Petition: Your lawyer will file the petition in the High Court along with all supporting documents and a detailed argument for why the FIR should be quashed.

  • Court Hearings: Depending on the court’s schedule, this may take several hearings, and while you may not need to be present personally (depending on the court’s requirement and your lawyer’s advice), staying informed and responsive to your lawyer’s queries is crucial.

5. Additional Legal Considerations

  • Impact on Civil Status: Ensure that the proceedings in India do not affect your civil status or create complications in Australia, especially regarding your immigration status or future travel to India.

  • Communication: Maintain clear and regular communication with your lawyer to monitor the progress of the case and provide any additional information or documents required promptly.

6. General Advice

Considering the complexities of handling legal issues across international borders, it's imperative to approach this systematically, with the right legal counsel and adequate preparation. The key is to establish your non-involvement convincingly and leverage legal provisions that protect individuals from wrongful charges.

For detailed, personalized advice, consider engaging a lawyer who can represent you in the High Court and guide you through the process.

Shubham Goyal
Advocate, Delhi
322 Answers

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