• 498-A and LOC - NRI

Dear Sir - I am an NRI with a false 498-A allegation against me since almost 2 years. I have somehow managed to get this allegation settled 2 weeks back through a comprimise, unfortunately paying a bulk amount to the other party. The court has now closed the case and am planning to travel home to see my parents after 3 years and a little worried about LOC.
Will LOC still be valid even though the case is closed and FIR is quashed by the High Court? Would that be fine if I carry a copy of court orders indicating the case closure?
Could you please suggest if I still need to worry about something ?

Appreciate your time and support. Thank you in advance.
Asked 5 years ago in Family Law
Religion: Hindu

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21 Answers

1. There is specific time duration for which the LOC remains in force. There is no way that once LOC is issued it would remain effective for a ong time.

2. At the very first place I do not think there was a LOC at all unless your in laws were very influencial and moneyed persons.

3 If the 498A is already closed then carry its certified copy whenever you travel to or from India.

4. To be certain beyond any doubt send RTI to FRRO and BOI and Ministry of external affairs. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

You need to pray to the court while quashing to quash the loc also. Anyways after the said quashing the loc will not be active. Anyway you inform the authority issuing loc(MHA) ministry of home affairs the same and serve them a copy of order.

An LOC is valid for a period of one year. However, in case the originating agency wants to extend the validity beyond one year it can ask for the extension before the expiry of the one year period. If no request is made for the extension of the LOC within the stipulated period of one year, the Immigration Officer concerned is authorized to suspend the LOC

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

If FIR is quashed by HC and settlement has been arrived at with your wife you are free to travel to India 

 

2) you must be having certified copy of HC order quashing the case 

 

3)you need not worry 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1) Yes, you can carry court orders of 498a closed and settlement done by paying lumpsum amount. I don't think LOC will create much problem because your case has been closed already by court.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

1. If LOC is still standing then apply to the authorities to revoke it with a certified copy of the order?

2. If LOC is not revoked then it can be executed even if the case has been quashed. There have been cases where this has happened.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Once the complaint  has been closed based on the compromise entered  between the parties then all the allegations mentioned  in the complaint come to an end. The 498A offense is a compountable offense and it can be settled through the compromise between the parties. Therefore  there is nothing  exist in the said complaint. Is there any LOC has been issued in the above case?, Assuming that if there is a circular,  once the complaint has been closed by court then the LOC also has no validity and it also come to an end. Therefore you are neednot to worry about  it. Basically,  LOC would not be issued in family  disputes. Usually  it used to issued in criminal offense and not in a disputes arise from the Matrimonial cases.  Anyway to your satisfaction, you may have the Court order while you traveling to India. 

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

No if the FiR is quashed then no LOC against you shall be there.

Keep copy of high court associated with the FIR no.

No if FIR is quashed then you do not need to worry.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1)Carry a certified copy of order. 

2)An LOC is valid for a period of one year. However, in case the originating agency wants to extend the validity beyond one year it can ask for the extension before the expiry of the one year period. If no request is made for the extension of the LOC within the stipulated period of one year, the Immigration Officer concerned is authorized to suspend the LOC. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

you do not need to worry about anything at all as the FIR along with the entire criminal proceedings against you filed by your wife has already been quashed by high court. Therefore, look out circular against you is also deemed to be cancelled.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

What is LOC?

Compromise deed or letter or something like that!!!!!!

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Dear Sir,

The following information may kindly be read:

LOC Is a circular letter by the police served to the authorities to check and identify a
specified person who is wanted by the police. It is a part of the Police hunt /
search / vigilance procedure. It is usually issued against wanted criminals, accused
as criminals after the police have registered the FIR.
The basic substantive guidelines regarding the publication of the LOCs in relation
to Indian citizens issued by the Ministry of Home Affairs (MHA) enunciate the
following four cardinal principles:
1. The request for opening of LOC is required to be made to all immigration
Checkposts in the country in the Official Format prescribed by the MHA.
2. The request for opening of LOC must invariably be issued with the approval of
an officer not below the rank of Deputy Secretary to the Government of
India/Joint secretary in the State Government/Superintendent of Police
concerned at the district level.
3. The originating agency must ensure that complete identifying personal
particulars of the person, in respect of whom the LOC is to be opened, are
clearly mentioned in the prescribed proforma. The LOC will not be
opened for less than three identity parameters other than name of the
subject.
An LOC is valid for a period of one year. However, in case the originating agency
wants to extend the validity beyond one year it can ask for the extension before
the expiry of the one-year period. If no request is made for the extension of the
LOC within the stipulated period of one year, the Immigration Officer concerned
is authorized to suspend the LOC.
The details of the person looked out for in the circular includes:
Name, address, Picture / photo or description of the person’s physical
appearance, Passport number/details, other unique identification card number,
alleged offence details / case involved in.
The scope of the circular could be Local, National or International.
Local LOC: It is limited to a particular town / city area. In this case, usually the
LOC is issued to the local Airport, Sea port, Train or Bus stations.
National LOC: Is a nationwide circular to all the Airports, Seaports, border
agencies across the border within a country.
International LOC: International circular to different countries’ Airports,
Seaports and across the international Border agencies. This has a limitation of
bilateral understanding between the countries.
So, what one need to know whilst dealing with LOC’s?
Be Courageous,
Be prepared for any eventualities,
Have all the legal documents with you,
hope would have read this document before you face the concerned officials -
1. Confirm whether the LOC is issued against you by the police / court and
also the type of LOC.
2. If one is abroad whilst the LOC was issued, NEED to take the
Anticipatory bail (AB) before entering the country. Otherwise the police
arrest at the portal of entry is unavoidable!!
3. Show the certified copy of the AB to the authorities whilst entering the
country. For eg: to immigration officers in the airport during the
immigration check.
4. Inform them that you are surrendering to the court within 24 hours of
entering into the country for further legal rituals.
5. Authorities should take a photocopy of the AB and hand back the original
to you, so that you take your originals with you and proceed.
6. If the authorities try to detain you, ask for the VIP lounge as they do not
have any right to detain you when you have been given the AB and
entering into the concerned jurisdictional area to surrender yourself before
the concerned court.
7. More over, if the authorities try to detain you ask for the concerned Police
(Sub Inspector / DySP) to come and release you then and there (as you
have your AB). If they fail to do so, collect the person’s name and
designation, try and take a photo of him/her on your mobile and file a
complaint against them next day detailing the violation of your rights and
the contempt of the court order i. e AB (as AB clearly states that the
concerned person should be released on the spot even if the police arrest
the person given the AB in hand).
8. Whilst regularizing the bail or whilst seeking the regular bail in the court,
file a supplementary application seeking the LOC to be lifted.
9. Failing no. 8, one should look for the bail conditions to make sure there
are no restrictions like not to leave the country without prior permission of the court
has been mentioned in the bail conditions. If there is such condition,
please do get the permission from the court and keep the certified copy of
the court’s order permitting your leave from the country to produce before
the immigration officers in the port. 

However, the saga does not end there, cause of our greedy, lazy Police
officers.
10. One need to push the police to forward the court order to the concerned
authorities (the concerned portal police station and in turn to the
immigration authority at the port) to lift the LOC altogether as well as
keeping the certified copy with yourself in hand. You need to request the
copy of the confirmation for the same from the Police or ask for a letter
confirming the same (this is in addition to the court order). It may take a
cut on your purse but never forget to do this before you book your return
ticket as this is the final and most important job from your side to prevent
subsequent portal entry/exit hassles for the entire tenure of the case.
11. On your return, you will meet the friends again and this time if you have
done all the above you would board your flight within the scheduled time
whilst smiling at them……BON VOYAGE!!

to file AB you must file the Application in the court where the said complaints are pending against you. So check in which court your boyfriend has filed the abovesaid complaints and at the earliest consult a good lawyer. Good Luck.All will be fine and have a new good start in your life soon!!!

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hi,

Quashing of case means as if nothing has happened against you. You may carry the court orders with you and you may freely visit India to see your parents. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Yes it will be valid until and unless it is cancelled by the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. Was any LOC at all issued against you?

 

2. When the FIR ,based on which you anticipate the LOC was issued, has been quashed then there will be no LOC remain to be executed against you based on the said quashed FIR.

 

3. Relax.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

A mere  closure or quash  of the pending criminal case  against  you  will not  enable the  LOC to be cancelled automatically against you .

You may  have  to  contact the police  and  get  the LOC against  you  removed  by  issuing  a letter  to the concerned  immigration department so that you can  walk  out  of  the airport freely.

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

The chances are very less that look out circular would be issued in a matrimonial case as it is done in the rarest circumstances.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

See of the FIR is quashed then in that case you dont have to worry at all.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you are  not sure of the LOC against you,you may better confirm the same through your sources before travelling back to India.

Because once you land in an airport in India and have been detained then it will become embarrassing to you if you are produced before magistrate and  put into judicial custody.

 

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

thanks for your appreciation 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Best of luck

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Then send the RTI or file writ petition challenging the same.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

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