Hi,
It is better to apply and get AB and then go for quashing of the case.
Fir against nri his brother and father
Police lodge a fir against nri , his brother nd father ,,, nri' wife died on foreign land,, his in law asking for money dmthat dey spend in marriage , nd jewellery etc Police lodge fir against whole family for not returning jewelry to father of deceased girl u/s 420,120b,,, father nd brother got AB ,,, later police add 1 more 406 What aee remedies for nri -- nd others
Asked 6 years ago in Criminal Law
Religion: Hindu
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23 Answers
What are the remedies for nri who hav not applied for AB ,,,
Asked 6 years ago
NRI brother should also file for anticipatory bail in sessions or high court.
Also, petition under section 482 for quashing of FIR can be filed in High Court, if no prima facie case has been made out against the accused persons.
He should also try to procure evidence which shows that he is not in possession of the belongings office of his deceased wife or which proves that she hadn't brought any at the time of marriage.
He should also try to procure evidence which shows that he is not in possession of the belongings office of his deceased wife or which proves that she hadn't brought any at the time of marriage.
There is jewellery, in possession of deceased girl' in law family Who is legal heir of dat jewelry which is given by girl's father to girl , her husband nd other in n laws as gift At present all jewellery is in the possessions of girls in law family including her husband
Asked 6 years ago
Hi,
In the present circumstances, the case lies only when there is demand of jewelry and same is not being returned.
Do you have any evidence to show that the jewellery is in their possession?
Whatever wife has received fro her parents, will return to them if no child. As per law any property inherited from her parents, in case no child will inherited back in her parents heirs.
If it is proved that wife death is due to you, than you are not entitle to keep her things.
See if NRI is outside country then he cannot obtain Anticipatory bail for anticipatory bail he has to be present in country. See if reason of death is known on foreign land and it is not due to suicide then in that case quashing petition can be filed before the high court.
See NRI if present in India then AB otherwise he can file a petition through somebody in HC to quash FIR and obtain protection order pending petition.
Husband is the legal heir of all her jwellery and assets.
Since the police have already registered FIR in this regard, the accused have to challenge the case in the trial proceedings.
If possible let them file a quash petition before high court on the basis of documentary evidence and merits.
Let the NRI not come to India at all. The case will be kept pending till he appears before court.
The fact of the jewelry in possession of the father of the deceased girl should be extracted during cross examination in the trial proceedings.
1) NRI should apply for and obtain bail
2) retirement to India and cooperate with investigations
3) wait for police to complete investigations and file charge sheet or closure report
4) then file for discharge before trial court or quashing in HC
he should apply for and obtain Anticipatory bail from sessions court
Jewellery should be returned to girl parents by the NRI
If the jewellery is already in possession of the family of the girl then there remains no case and the FIR needs to be closed
You may note that after the death of the wife the husband becomes the custodian of the property if there was no pending litigation between the husband and the wife at the time of the death of the wife
NRi may prefer a petition for quashing of the FIR
You can go for quashing in high court if the said FIR is false
The property of the wife is her stridhan and this cannot be fastly parents of the wife after the death of the wife . let the police investigate the matter but it will be a good idea to go for the anticipatory bail and get it so that the sections increased in the FIR should not create arrest issues and let the police investigate the matter and file the charge sheet of final report whatever is the case may be
Accused must apply for anticipatory bail.
Husband should return jewellery to deceased wife parents.
Dear Sir,
The jewelry of the girl is a Streedhan and after the demise of the girl, the jewelry naturally goes to the legal heirs i.e. her father side.
S 15 (2)(a) HSA clearly states that the property inherited by a female hindu from her father or mother shall devolve upon the heirs of her father, in the absence of any sons or daughters.
Streedhan is the property that a woman obtains at the time of her marriage, it differs from Dowry in the way that it is the voluntary gifts given to a woman before or after her marriage and has no element of coercion. ... Women have an absolute right over their Streedhan.
Dear sir
There are no special provision in Indian penal code for any NRI person every one is equal in front of law. The remedy for him is also that he should apply for anticipatory bail in the session court of Patiala.
And also have to join the investigation of FIR even after the bail is allowed.
Also family of In-laws are legal heir of the property of girl but it will be in situation if the death was natural. Not by some conspiracy.
