• 498a FIR quashing

I considered filing for quashing of FIR in the honorable high court but was advised against it. I'm told that I may be ordered to appear in court and if that does not happen it may go against me. I'm in the U.S. so it is difficult for me to appear.  Please advise. Thank you
Asked 3 years ago in Family Law from United States
Religion: Hindu
Hi, you have the options to file a petition for quashing the FIR before the Hon'ble High Court and if you are able to get stay in the petition then you are need not appear before the Trial Court.

2. If you are unable to appear before the trial court then ask your advocate to  file an exemption application for not appearing before the Hon'ble Court as you are in out of country and take a date and in normal circumstances presences of the accused in not required till police has filed charge sheet.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) you have to come to India and appear in court at time of your hearing to quash the FIR 

2) if you don't want to come to India don't file for quashing 

3) even if you apply for anticipatory bail court would insist on your personal presence 

Ajay Sethi
Advocate, Mumbai
46716 Answers
2764 Consultations

5.0 on 5.0

1. I wonder who has told you that in hearing of quashing your presence is required.
2. I may inform unless the quashing is happening on consent of both the parties the physical presence of any of the parties are never asked for.
3. I would advise you to engage some lawyer who has expertise in these matters as the person who us presently advising you certainly has no knowledge in this type of matters.
Devajyoti Barman
Advocate, Kolkata
13137 Answers
174 Consultations

5.0 on 5.0

1. Why has it been felt that you will be directed by the court to appear before it knowing fully well that you are staying in USA which is your place of employment? 

2. I find no reason for anticipation of such Court order,

3. It is a quash petition in connection with 498A FIR only and High court will not pass order/judgement about the original case. High Court will only hear the quash petition. So, in worst case the quash petition will be rejected,

4. If it is found that you are not in a position to appear before the Court, your lawyer can submit a medical certificate issued by a USA Doctor and pray for another date for your appearance. 
Krishna Kishore Ganguly
Advocate, Kolkata
18752 Answers
453 Consultations

5.0 on 5.0

If you in US, why do you bother about the pendency of the said case.  There are lakhs of such cases pending before Indian courts against the husband's settled in foreign countries.  The local police cannot do anything to bring those people back to India for trying the cases against them.  
Hence be cautious to not file any quash petition before high court because in general high courts do not entertain such petitions. 
Remain cool and do not ever trouble the trouble which is also sleeping.
T Kalaiselvan
Advocate, Vellore
36892 Answers
403 Consultations

5.0 on 5.0

1. It is the prerogative of any court to order the personal appearance of the accused. Your lawyer may request the court to exempt you as you are out of India, which the court can accede to.

2. Normally, in quashing cases the court does not mandate the personal appearance.
Ashish Davessar
Advocate, Jaipur
23122 Answers
640 Consultations

5.0 on 5.0

as of now the trial will take place and  there is  a possibility that you can get acquitted.
There is no hurry if other family members, if any,  are all in bail the trial will go on without your presence.
If you are not planning to visit India soon no need of hurrying to file a quash petition.

To file a quash petition your presence is not needed.So if you plan to file a quash petition based on your innocence as there is no material to prove that you are guilty, go ahead and file for it, entrust your lawyer.
petition under 482 Cr.P.C is not always granted, so if court allows it good other wise it is not going to affect you in any manner. 
So discuss with your lawyer and decide for it , it is sure and certain your presence is not needed to file a quash petition, the simple reason is that you are working in US and not able to get leave.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

on what grounds,did you file the quashing before High Court?
Nadeem Qureshi
Advocate, New Delhi
4875 Answers
226 Consultations

4.9 on 5.0

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