• American citizens

Me and mother, father, brother and sister inlaw are stuck in a 498a case u/s 498a,406,34 ipc as accused at PS AMRITSAR PUNJAB. WE ALL ARE AMERICAN CETIZEN and under no circumstances we can come to india to join investigation as the girl family is very influential and wants to impound are passport with the help of police and cause us further loss. Further we have approached the punjab and haryana high court for quashing by giving power of attorney to our representative and have been referred to mediation and a stay has been granted for our arrest pending the mediation proceedings.HOWEVER the mediation has failed as we could not accept the demand of 50 lakhs and my offer was of only 20 lakhs. There fore now i have the following question

A) if my quashing petition is desmissed on behalf of my entire family including me and PO proceedings is initiated against my entire family including me.
What are my options...???

B) if the girl family agrees for 20 lakhs as settlement amount after we have been declared as PO then can i cancel the PO proceedings if we come to a settlement without being arrested ??

C) i have heard that even if we come to a settlement the PO proceedings will not be cancelled unless we have first been arrested?? Is it true ??
Asked 12 days ago in Criminal Law from mumbai, Maharashtra
Religion: Sikh

1. See if you are outside India so as such no coercive steps can be taken against you, also.you are not Indian citizens so government cannot impound your passports also. The only way left is extradition that is tedious government procedure to bring you for trial. Further in your case in case the quashing is rejected.you have to face the trial or can challenge the order before SC.

Also if you have any property in India same can be attached as after you are declared PO.

2. Yes the proceedings can be quashed.

3. No it can be quashed from.high court on ground of settlement.

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

You should come down to India apply for anticipatory bail from sessions court 

 

2) with court permission you can go abroad 

 

3) PO proceedings can be cancelled on basis of settlement arrived at 

Ajay Sethi
Advocate, Mumbai
72014 Answers
4331 Consultations

5.0 on 5.0

A) Quashing of 498a case applied in the hight court with the help of both parties. Quashing means opposite party has to withdraw case and FIR. So the other party should be present in the high court. Without her it's impossible.

Option are come to mutual consent divorce and make MoU present on the court.

B) refer above option.

C) No, it's not true. if you have take anticipatory bail of all, then no issue.

 

Suggestions: If you wish I can become a mediator for you and get settlement done at reasonable cost. Along with preparing MCD and MoU papers from your side.


Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of498a general allegationsof cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.


if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

Under section 82 cr.p.c.:

Proclamation for person absconding

  1. If Any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation.
  2. The proclamation shall be published as follows-

    (i) a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

    b) it shall be affixed to some conspicuous part of the house or home-stead in which such person ordinarily resides or to some conspicuous place of such town or village;

    c) a copy thereof shall be affixed to some conspicuous part of the Court house;

    (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

     

    Non­appearance at the specified place and the specified time as required by a proclamation published under Sec. 82 CrPC is a separate offence.It is a cognizable offence as provided under First Schedule to the CrPC. The police authorities can register an FIR on their own.

 

You can move an anticipatory bail before filing a quash petition to quash section 82 cr.p.c. 

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 Consultations

5.0 on 5.0

you have already filed quashing petition in court, you have availed remedies under the law. Now tell your advocate to argue the matter before court.

a proclaimed offender can be arrested by any citizen of the country.  The court also has the authority to confiscate the passport of such PO so that he/she doesn’t flea the country.

According to the Supreme Court, no anticipatory bail can be given to a proclaimed offender This was laid down in an order of the Supreme Court in State of Madhya Pradesh vs.Pradeep Sharma. [ (Crl) Appeal No. 2049 of 2013, Arising out of SLP (Crl) no. 4102 of 2013] However, a proclaimed offender can be granted the benefit of a regular bail.

Mohammed Mujeeb
Advocate, Hyderabad
13806 Answers
6 Consultations

4.5 on 5.0

If quashing is dismissed you can also file SLP in SC. 

Otherwise file discharge in trial court after chargesheet is filed 

Yes you can do that with mutual settlement and quashing of FIR

No it's not true

Prashant Nayak
Advocate, Mumbai
16667 Answers
30 Consultations

4.6 on 5.0

Your PO can be cancelled on basis of settlement arrived at 

 

you would not have to go to jail 

Ajay Sethi
Advocate, Mumbai
72014 Answers
4331 Consultations

5.0 on 5.0

It is more of matrimonial dispute so if there is settlement you can file quashing before the high court on ground of consent and all case including the proceedings can be quashed.

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

The settlement between you and the girl side will not cancel the PO automatically.

You may have to take steps to cancel the same and this settlement may come to your rescue to solve the problem easily or process the cancellation of PO expeditiously.

 

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 Consultations

5.0 on 5.0

The complainant should declare that the
case is compromised.
If accused has been declared PO, then 174a will be
framed additionally and even if case is compromised
174a will still exist.

Mohammed Mujeeb
Advocate, Hyderabad
13806 Answers
6 Consultations

4.5 on 5.0

Apply for anticipatory bail. You are American citizen. If you have no property in India, you are safe stayign in US only.

Only by filling withdrawal petition jointly in HC, PO will withdraw on quash of FIR.

Whenever Quash will grant by HC, PO will invalidate.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
16702 Answers
21 Consultations

4.6 on 5.0

If you don't appear even after non bailable warrant. Look out notice can be issued against you. You will be arrested at airport. Further more you may not be deported but you will barred to travel to India. It's better you do mutual settlement or contest nthe trial rather ignoring it

Prashant Nayak
Advocate, Mumbai
16667 Answers
30 Consultations

4.6 on 5.0

1. Yes quashing petition can be dismissed but it is in your favour that arrest is stayed by High court.

2. You can ask mediator to arrange another meeting for negotiations with other party. 

3. If girl family agrees for mutual consent divorce then you can again file quashing petition to cancel FIR against you and your family.

4. Once the FIR is quashed the PO proceedings in that FIR will also become infructuous.

Mohit Kapoor
Advocate, Rohtak
6547 Answers
2 Consultations

5.0 on 5.0

You have filed a quashing petition in the high court. Arrest stay may be allowed but it is very rare that the high court will quash the fir. During the period of trial you have to attend it. If not then non bailable warrant may be issued anytime against you.

Yes if she agrees then the proceedings would be quashed.

You have to post bail if a non bailable warrant has been issued against you.

Rahul Mishra
Advocate, Lucknow
6178 Answers
14 Consultations

5.0 on 5.0

You have to come to India to take bail and to finish all the cases. Also your property in India may be confiscated by the state if you don't appear.

Rahul Mishra
Advocate, Lucknow
6178 Answers
14 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer