• 498a of NRI: FRMF submitted by police, what's next?

I am a permanent resident (PR) of Canada, holding an Indian Passport. I and my mother were charged by 498A during July of 2016 by my ex-wife, who had already filed and received a divorce from me in Canada in April of 2016 on mutual consent.

My mother lives in India.

Subsequently, we applied for anticipatory bails for both of us and they were granted in November 2016. My mother has since appeared in the Court for the bail, however I have not been able to since I work here in Canada.

Recently, the IO of the police has concluded his investigation and submitted an FRMF (mistake of facts) to the court, clearly mentioning that we have been discharged by the police. The report also appeals to the court to dismiss the case.

My questions are as follows, based on the aforementioned facts:

1. Now that police has discharged me, do I still require to appear in front of the court for bail, given that arrests are made chiefly for investigations, and now that investigation is formally over, is my appearance still required?

2. Given that I can, in no way, travel to India, if the answer to the question no. 1 is yes, what are my alternatives? Can I appear in front of Indian Consulate instead? If yes, what is the procedure and what paper-works are required? 

3. Given that FRMF has been submitted, what are the next steps in order to dismiss the case expeditiously?

Thanks!
Asked 7 years ago in Criminal Law
Religion: Hindu

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8 Answers

Dear Querist

my opinion on your queries are as under:

1. Now that police has discharged me, do I still require to appear in front of the court for bail, given that arrests are made chiefly for investigations, and now that investigation is formally over, is my appearance still required?

Opinion: no, your appearance is not required in this case until and unless court reject the version of police and summoned you.

2. Given that I can, in no way, travel to India, if the answer to the question no. 1 is yes, what are my alternatives? Can I appear in front of Indian Consulate instead? If yes, what is the procedure and what paper-works are required?

Opinion: No need to worry, you can travel to India without any fear

3. Given that FRMF has been submitted, what are the next steps in order to dismiss the case expeditiously?

Opinion: now the court issue a summon to complainant and if she is not going to appear or if she has no objection then the court accept the same and send the file to record room.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

The closure report has to be accepted by court

2) court can direct police to reinvestigate the case and reject the closure report

3) wait for court to pass orders on closure report

4) you cannot appear before Indian consulate

5) appearance has to be before IO

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. If the police has submitted Final Report then you are discharged from thee charge and you are not required to apply for bail at all.

2. There is no problem to travel in india had you not been discharged also. If one take bail there is no problem in travelling .

3. The case is dismissed unless and until your wife files a protest petition in court whereby the court if allows the protest petition then the court would direct police reinvestigate. if it does not accept her Protest petition then the case is dismissed.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Police can not discharge you when the case has already been filed against you. it is the Court who will discharge you on receipt of the police report. Since your mother has also been implicated in the same case who has already availed AB, her lawyer can move petition before the said Court for dismissing the case and in that case you shall not be required to appear before the Court.

2. Ask the lawyer of your mother to get the case dismissed by the Court based on the said report of the IO..

3. She can also file a petition before the High court u/s 482 of Cr.P.C. praying for quashing the FIR based on the said report of the IO.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. By not appearing in the court to execute the bail bond you have neutralized the AB granted to you.

2. Since police has filed closure report against you your wife can now file a protest petition in the court whereupon the court can discard the closure report. You should appear before the court to execute the bail bond as closure report is not the end of investigation.

3. Indian Consulate has no jurisdiction in this.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Now that police has discharged me, do I still require to appear in front of the court for bail, given that arrests are made chiefly for investigations, and now that investigation is formally over, is my appearance still required?

If on the investigation the police have not fond the complaint to be true then the police may not initiate any process to arrest you. Moreover they have recommended for closure of the complaint.

2. Given that I can, in no way, travel to India, if the answer to the question no. 1 is yes, what are my alternatives? Can I appear in front of Indian Consulate instead? If yes, what is the procedure and what paper-works are required?

There is nothing to be worried about it now. You can freely travel t India.

3. Given that FRMF has been submitted, what are the next steps in order to dismiss the case expeditiously?

You may wait and confirm the action taken by the court in this regard.

The court would summon the defacto complainant and inform her the decision of police and seek her objection to this and would initiate further action as per law.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

according to the judgment delivered in Arnesh kumar vs state of Bihar 2014 SCC. it is directed by the supreme court that no accused shall be arrested in offence punishable under section 498 A IPC. so bail became irrelevant in your case. police cannot arrest you and any other accused.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

2. Given that I can, in no way, travel to India, if the answer to the question no. 1 is yes, what are my alternatives? Can I appear in front of Indian Consulate instead? If yes, what is the procedure and what paper-works are required?

No, no need to appear before any authority, you are free to Ingres and egress in india. you cannot be arrested. if divorce is granted by mutual consent then you should apply for quashing of this case because in B S Joshi 2003 SCC it is held by the supreme court that if divorce is mutually granted then criminal proceeding pending between the parties should be quashed,

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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