1. For the purpose of filing quashing case your physical presence is not required in India. You may share the documents for further advice though. 

2. the court will send NBW and you might also get arrested or you might face problem in international travelling. You will be declared as absconder. 

regards

1. First of all you should have availed anticipatory bail.

2. In criminal cases, the accused shall have to appear before the Court.

3. You can appear before the Court and file an application praying  for waiving your physical attendance unless specifically directed by  the Court since you are employed abroad for warning your livelihood.

4. You should come to India now and sign all the applications and vakalatnamas and your lawyer should submit that it is not possible now to come every time due to the pandemic dituation.

It seems the whole case is managed. Approach High Court giving your relation GPA to defend you. The Supreme Court  in Rajesh Sharma V. State of U.P. has given elaborate directions to police all over India not it issue LOC as a matter of routine. The whole transaction is against the directions of Supreme Court.  following  are the directions issued by Supreme Court …

1. i) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities. Every complaint under Section 498Areceived by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.

(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.

(f) The committee may give its brief report about the factual aspects and its opinion in the matter.

(g) Till report of the committee is received, no arrest should normally be effected.

(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.

(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.

(j) The Members of the committee may be given such honorarium as may be considered viable.

(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.

1. ii) Complaints under Section 498Aand other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today;

iii) In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;

1. iv) If a bail application is filed with at least one clear day’s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/ custody and interest of justice must be carefully weighed;
2. v) In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;
3. vi) It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted; and

vii) Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.

1.   For Quashing in HC, your physical presence is not required in India.

2.   Summons not coming due to Corona but once they get delivered then you have to appear.
For criminal cases, the accused have to appear in Court.
But after appearing you can request court for waiving your physical attendance unless specifically directed by Court because you are employed out of India for your livelihood.
Your wife lawyer can ask for impounding your passport.
If after summons also you dont appear, the court will issue NBW.
By NBW, you can get arrested as soon as you will land in India.
You can be declared as absconder also.

-   Your FIL is SI and you were not arrested and chargesheet got filed seems to be very good luck.

An fir was filed and charge sheet has been submitted. You should now challenge the charge sheet and pray for its quashing although courts are reluctant to quash the case unless unimpeachable evidence exists which in such cases doesn't.

The fir is based upon All lies and statements.

Anyways ask your lawyer to challenge the challenge the charge sheet in the high court.

Also file an application for dismissal of charges at the stage of framing of charges.

Even if nobody is representing you, wareants may be issued and hence even if not served you should appoint a lawyer and ursue the case.

Seek anticipatory bail.

1. Institute proceedings for quashing through your power of attorney holder.

2. They will still proceed against you. This isn't a good option. 

Since you did not cooperate with investigations court has issued LOC against you 

2) you can file petition in HC for setting aside LOC 

3) assure the court that you will appear before trial court on LOC being set aside 

Dear Sir,

1) Physical presence is not required for filing a quash petition. You can get the same filed by taking assistance of an attorney or POA.

2) You should first move court to set aside your LOC, assuring court that you will appear and were not in India due to work.

3) If you don't get summons and are not represented Court will issue NBW against you.

Thank you

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In case of Saritha vs. Ramachandran,  the Supreme Court of India held that Section-498A is exploited by some married women to harass their innocent husband and at the same time it emphasized the need to make the offence as a bailable and non-cognizable one. This provision is basically used as weapon to harass husbands and in-laws. It’s true that the provision provides protection to women but looking into its reality, it is creating an unhealthy impact on the society by its misuse and requires legislative concern to overcome the loopholes provided in Section-498A.

File anticipatory bail application in high court / session’s court before you reach at India or getting summons from police and contest the case. The same time you can quash the Charge sheet before high court. If you are not attend the court proceedings it will harm to you a NON Bailable warrant can be execute through police or embassy.

Dear Concerned 

COME WHAT MAY - UNDER what ever circumstances DO NOT COME to INDIA - 498A  is that curse to India which is being misused to the fullest and the majority of the HON'BLE court are blind to it. 

Your attorney is fooling you if he is asking for any money for settlement. 498A cases generally dies down unless they are rigorously followed by the complainant, and majority of the case are won by the husbands as the wives are not able to prove the allegations levelled by them. 

If you have a PR and you have not come to India after July 2019 - there will be no issue in applying for citizenship. So need not to worry, your divorce case may take years to adjudicate, best you could do is try to settle through a professional mediator / Advocate (new) OR through a family friend 

DO NOT got to Hugh Court for quashing 100% your quashing petition will be rejected merely on the ground the LOC has been issued. 

Best of Luck 

1. Look out circular (LOC) is a circular letter used by authorities to check whether a traveling person is wanted by the police. It may be used at immigration checks at international borders (like International airports or sea ports). 

If you have the details of LOC then you can ask your advocate to file a petition before high court to set aside the orders of LOC for the reasons you rely upon.

You may also state in your petition that it is the mischief or your police father in law who influenced the authorities to misuse the law against you to wreak vengeance on you thereby curtailing your liberty and constitutional rights to travel to India sand back.

You can also file a petition under section 482 cr.p.c. to quash the charge sheet framed on the basis of the false allegations against you.

You can do all these while you are residing at abroad also through your advocate. 

2. The case will remain as it is and the police may even take steps to declare you as proclaimed offender.

Section 82(4) stipulates that a person, in respect of whom a proclamation has been published under section 82(1), if he fails to appear at the specified place and time required by the proclamation and if he is accused of offences mentioned in Section 82(4), the court may pronounce him as a proclaimed offender. 

A person against whom arrest warrant has been issued can be declared a 'proclaimed offender' if the court has reasons to believe that he/she is absconding or is in hiding, blocking execution of the warrant.

Therefore you also confirm that if there is any non bailable warrant is pending against you. 

- The LOC notice is issued by an officer not below the rank of Deputy Secretary to the Government of India/Joint Secretary in the State Government/Superintendent of Police concerned at the district level.

- Further, this notice having all the identification details of the accused person on an already prescribed format.

- Further, this notice is valid for one year from the date of issue , but if the originating agency wants to increase the period of this notice, it may do so before the completion of one year.

- Further, if this notice issued by a Court and Interpol , then it cannot expire within on year.

- Further, it is mandatory that the accused should be informed for the said notice has been issued against him, but generally an accused person comes to know about such notice only when he/she is stopped or arrested by the immigration authorities at the airport/border etc

1. You should take anticipatory bail , and if having reasonable grounds then can file petition before the High court for quashing. 

2. As i mentioned above. 

1. Snce you have not tkn the bail yet the high court is unlikely to entertain your quashing petition.

2. Warrant of arrest is likely to have been issued and hence it is incumbent on you to take first bail and then challenge the proceeding. 

1. If you wanted to quash the FIR itself then you ought to have filed petition for quashing of FIR before the filing of chargeshgeet. The High Courts are loathe to quash the FIRs after chargesheets are filed in the case as a chargesheet demonstrates that prima facie case is made out to begin the trial.

2. Be that as it may, the fact that there is a LOC that is standing against you will also operate against you if you go for quashing.

3. First go for the quashing of LOC through a writ petition.

Dear Querist

File a writ petition under Article 226 of Constitution of India read with section 482 of Criminal Procedure Code-1973 before the High Court of the area where the criminal case is pending through your power of attorney holder.

Your personal presence is not required for this procedure.

if you have not received any summons from the court yet, then they issue LOC during the investigation, now they will start proceedings of impounding of your passport if you are an Indian Citizen and then you will get a notice from RPO/Embassy and then you may file your reply and simontensouly you have to file the above-mentioned writ before the High Court and from the date of that Notice issued by RPO you have to show the information regarding the LOC.

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