1. What is the status of the case , is charge sheet filed ?
Based on the evidence you have to approach the high court and file a Quash petition under 482 Cr.P.c ,to quash the FIR, submit before the court the evidence you have, the court will consider the evidence .The jurisdiction of the case is not something you can change now as the lady can lodge a FIR in her Parents place. Your Lawyer can file for an exemption for you from the appearance once the charge is framed till the evidence.
2. You can file a quash petition either after the FIR or after the charge sheet is been filed by the police.Also your advocate should make sure that the Police have taken mandatory steps under the provisions of Cr.P.C before arrest in 498A ( if there was a haste in filing FIR and arrest ) as per the recent Supreme court ruling.The provision as per the sec.41 Cr.P.C are:-
“41A. Notice of appearance before
police officer.-(1) The police
officer shall, in all cases where
the arrest of a person is not
required under the provisions of
sub-section (1) of Section 41, issue
a notice directing the person
against whom a reasonable complaint
has been made, or credible
information has been received, or a
reasonable suspicion exists that he
has committed a cognizable offence,
to appear before him or at such
other place as may be specified in
(2) Where such a notice is issued to
any person, it shall be the duty of
that person to comply with the terms
of the notice.
(3) Where such person complies and
continues to comply with the notice,
he shall not be arrested in respect
of the offence referred to in the
notice unless, for reasons to be
recorded, the police officer is of
the opinion that he ought to be
(4) Where such person, at any time,
fails to comply with the terms of
the notice or is unwilling to
identify himself, the police officer
may, subject to such orders as may
have been passed by a competent
Court in this behalf, arrest him for
the offence mentioned in the
(Section 41A as inserted by Section6 of the Code of Criminal Procedure (Amendment)Act, 2008(Act 5 of 2009),
Supreme court has further set down guidelines in CRIMINAL APPEAL NO. 1277 OF 2014
(@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013)
ARNESH KUMAR ..... APPELLANT
STATE OF BIHAR & ANR. .... RESPONDENTS
3. If you are called for statement after issuing a Notice by the police you should provide the facts.
4. Since the FIR has filed under 498A it is necessary to either get it quashed or face the trial and get an acquittal. A settlement with wife if it costs much and beyond the affordable limit , you should try the way of defending your case and fight it out.
5. A divorce petition can be filed only after an year of separation on grounds of cruelty, if you can prove yourself innocent in the 498A , this itself will be aground for filing divorce.
6.These days most FIR under 498A is turned out to be aimed to harass and use pressure tactics on husband and family.So if you have a proof to show that the case is based on Flase and made up allegations of cruelty and dowry harassment, If the facts are true as you stated there is a good chance you can get the FIR quashed, so get an advocate who can do it in the High court.