• 498a

Hi 
I I filled a divorce case against my wife in Oct 2016 and came to Canada where I am permanent resident later after all those women cell rituals 498a was slapped but as we took the case with full strength and had certain bills documents etc which falsified clams of my in laws even the judge warned them that they would have to supply all orginal bills etc which were accidently laying with us .my wife's father change color and started pushing for settlement which was done around may2018 .meanwhile no chalan was filed by police but my parents took anticipator bail from high court chandigarh.there was no order by court for me to join proceedings in India. The 498a is not qua shed on last date as next date was given on 1 sep I think it is just a formality now because everything is Settled.now the question is that I have to supply pcc for citizenship to cic canada and also to visit india would there be any lOC issued and can I get pcc from Indian councelate toronto without trouble
Thank for reply 
MK
Asked 4 years ago in Criminal Law
Religion: Sikh

8 answers received in 1 day.

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10 Answers

Hello

The proceedings regarding 498a are still going on although the settlement has been reached. In that case your wife would withdraw the proceedings as per your agreed terms and conditions agreed upon by you.

Also, after a judgment of the apex court in 2017.... Arrest has become difficult and district level committees would be formed and after their recommendations the proceedings may start.

Therefore you dont have to panic as now everything has been settled and agreed upon ansd will proceed according accordingly unless she backtracks and does not agree to the terms.

Wait for the next date when the hc would set aside the proceedings and the terms become final and binding.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

1) if case is settled with your wife no LOC would be issued against you

2) you can get PCC but it would reflect the pending case filed against you

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1) If you have settlement order signed vy judge and court stamp than you will not be in trouble in front Indian Embassy plus councelate Toronto and in front of passport officers.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Mere fact that challan has not been filed does not imply that FIR ceases to exist. If the settlement has been made then a petition for quashing of FIR on the basis of compromise should be filed in the High Court as 498A is non-compoundable.

2. Unless the challan gets filed there would be no next date in the court.

3.Firstly get the FIR quashed and then apply for citizenship.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Police clearance certificate is issued by Embassy but the report is taken from the local address police Aldo 498 is registered but this will not affect issuance of police clearance report

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir in case the FiR against you is quashed on settlement then there remains no prosecution against you in that scenario there shall.be mo LOC and there shall be no difficulty in getting PCC.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

Since the issues are settled, the FIR may be quashed by the High Court and you may not have to worry much.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If the criminal case against you is quashed and there are no cases pending against you then the police would furnish the desired PCC without much problem

First you get the case quashed by the high court on 01 Sep.

You can apply for PCC after that.

Since there is no charge sheet is filed there can be no reason for file a LOC hence you need not be worried on that aspect

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

You have to apply at your Indian embassy / consulate using their miscellaneous services form.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. This is a Criminal Case filed against you against which you have not yet availed anticipatory or surrender bail.

2. It is not prudent on your part to 'think it is just a formality now because everything is Settled'.

3. Complaint lodged u/s498A can not be withdrawn. You should ask your wife to execute an affidavit affirming that she had lodged the said complaint under domestic rage and the dispute has now been settled.

4. Thereafter you should file a petition before the High Court u/s482 of Cr.p.C.praying for quashing the FIR registered against you based on your wife's aid affidavit and your wife should be present in the Court and depose in support of your claim.

5. Till then as per record there is a criminal case/FIR registered against you pending to be heard and disposed off and the same will be mentioned in the PCC to be submitted in your case.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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