• False case of sexual harassment - Section 376/511/323/34 IPC

Hi
post my parents' death, my sister in law filed civil cases against me and my sisters to put pressure on us in Delhi. Me and my sisters reside out of India and they probably thought that we will come under pressure and relinquish our inheritance. However, my brother and us signed an MOU and registered the associated documentation to settle the inheritance without my sis-in-law knowing. Once these documents were submitted in court by us, she got to know and filed a false case against me claiming sexual harassment over a year before filing the compliant with the police. Delhi Women's commission instructed the police to file an FIR post which I applied and got anticipatory bail from the sessions court - the order indicating motivation for property and also citing delay in filing the compliant for no plausible reason.
She had also filed criminal complaints using section 156 (3) and 166 claiming forgery, fraud etc. for MOU (attested in Indian consulate) but those complaints have been dismissed by a different court as well. My brother has also joined her (probably under pressure or otherwise) - we have not been in touch since the FIR was filed (2 years).
My questions are:
1. I was granted anticipatory bail almost 2 years ago but no charge-sheet has been filed yet. Is this normal? What could be the reason for delay.
2. I have been living abroad for almost 15 years but have an Indian passport. Is there any danger to my status or when time comes for passport renewal (which I will do outside India)
3. As they are running out of options in civil cases, can they maneuver things to get my AB cancelled to put pressure?
4. Does the delay in filing the charge-sheet create prejudice against me?
5. Would I have to go through the trial or can I apply to Delhi High Court to quash the FIR based upon evidence I can produce?

Appreciate your time to respond to my query.

Singh
Asked 7 years ago in Criminal Law
Religion: Hindu

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5 Answers

1) police are over burdened with cases hence it takes time for investigations to be completed and charge sheet filed

2) an applicant against whom a criminal case is pending, is required to obtain necessary permission from the Criminal Court wherein his case is pending and then make an application to the passport authority.

3) your AB would not be cancelled unless you seek to influence witnesses

4) delay in filing charge sheet does not prejudice you

5) after charge sheet is filed then you can file petition in HC for quashing FIR/ charge sheet

6) quashing is to be done only in exceptional circumstances

Ajay Sethi
Advocate, Mumbai
96767 Answers
7804 Consultations

Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967 (hereinafter referred to as Act) empowers the Passport authority to refuse to issue a passport or travel documents for going abroad in the event the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India.

notification issued by the Ministry of External Affairs, New Delhi dated 25th August, 1993 in GSR 570(E). The relevant extract of the notification reads thus:- "No, GSR 570(E) In exercise of the powers conferred by clause (1) of Section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No.G.S.R.(E), dated the 14th April, 1970, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub section (2) of Section 6 of the said Act. Subject to the following conditions, namely;- (a) the passport to be issued to every such citizen shall be issued -

(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or

(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;

(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or

(iv) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) any passport issued in terms of (a)(i) and (a)(n) can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;

(d) the Laid citizen shall given an undertaking in writing to the passport issuing authority that he shall, if required by the Court concerned, appear before it at any time during the continuance in force of the passport so issued".

Ajay Sethi
Advocate, Mumbai
96767 Answers
7804 Consultations

1. Check with the case record. By this time CS must have been submitted and if it is indeed submitted and you are not attending the case then fresh W/A may be issued.

2. Yes, if LOC is issued due to non execution of W/A, you may be arrested in Airport. So engage an advocate and take information of the case.

3. Civil suit does not have much merit. So you can contest it at your convenience.

4. Delay is CS would not give them any advantage.

5. Quashing is rarely allowed.by this you may delay the trial but if the complaint contains disclosure of offence quashing would not be allowed for sure.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

Dear Querist

My opinion on your queries are as under:-

1. I was granted anticipatory bail almost 2 years ago but no charge-sheet has been filed yet. Is this normal? What could be the reason for delay.

Opinion: Charge Sheet Should be filed within 90 days, if not filed then no need to worry it is the duty of police officials and no fault on your part. but for precautionary measure you should check the case status before the court, it may be possible that the charge sheet has been filed and court issue summon to your address which was given by you at the time of your bail which was received or returned unserved, it may also be possible that court issue Non bailable warrant due to you unavailability.

2. I have been living abroad for almost 15 years but have an Indian passport. Is there any danger to my status or when time comes for passport renewal (which I will do outside India).

Opinion:- there will be no danger to your status but you have to declare about the case when you apply for the renewal of passport.

3. As they are running out of options in civil cases, can they maneuver things to get my AB cancelled to put pressure?

Opinion:- if there is any violence of terms and conditions of the Ab then they may file the cancellation too.

4. Does the delay in filing the charge-sheet create prejudice against me?

Opinion: No,

5. Would I have to go through the trial or can I apply to Delhi High Court to quash the FIR based upon evidence I can produce?

Opinion: After charge sheet you may file a quashing petition before high court Under section 482 of Cr.P.C. read with article 226 of constitution of India.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

The non-submitting of charge sheet even after a long time after registering the FIR is another common feature prevailing through out the country.

This has got nothing to do with the passport renewal since there is no action in this regard so far.

They cannot get your AB cancelled for any reason becasue their case has not yet come to court and moreover there is no substantial reason for them to seek cancellation of AB.

This has nothing to with the filing of charge sheet.

You may wait until the charge sheet is filed after which you can file a quash petition under section 482 cr.p.c. to quash the charge sheet.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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