Your name would not be included as you were never in India during relevant period
2) even if your name is included you would be acquitted as there is no evidence against you
498 case summons in US
Hi, I am living in US for past 23 years and I am a US citizen. My brother and sister-in-law live in India had a fight about 10 years ago and my brother filed for Divorce and my sister-in-law does not want the divorce and she filed a 498 case against my brother, father, sister and myself with all fake information. At that time police had enquired with passport office and confined that I don't live in India and removed my name from charge sheet. 7-8 years passed in that case life and with both sides presenting their facts and A1, A2 and A4 arguments. When case is about to reach verdict stage and now they filed an additional case to include my name into the case to get the justice. Now I am concerned that they may send the summons to US, to drag me into it as they are using me to put pressure in my bother to solve the issue. How do I protect as I have no involvement in this at all . Could you please suggest?
Asked 4 years ago in Family Law
Religion: Hindu
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8 Answers
After due investigation by police, your name is removed from Charge Sheet. The investigation result of police is final, Court has no power to direct police to add name of any accused in charge sheet, it is province of police. it is not possible that your name will be added now after long gap that after directions issued by Supreme Court in Rajesh Sharma’s case to all police stations in India.
Hi
Since your name which was earlier in the FIR has been subsequently removed at the time of filing of charge sheet and trial is underway in earlier filed 498a, that itself is enough proof that police who are investigating the 498a offence have not found enough proof against you so as to be chargesheeted.
Please file a quash petition under 482 Cr.p.c at the high court in the new case and you can get rid of the problem once for all.
Hope this information is useful.
If you receive the summons to your address you may just ignore it, because the police cannot extradite you being a citizen of USA.
First of all let the court decide and pass orders to implead you also as necessary party to the pending case, after that just remain silent.
Your brother cannot be troubled for this or any pressure would be mounted on him due to this.
All you have to do is to remain silent, without responding to the summons.
If you respond to the summons and plan to participate in the proceedings, it may be a risk to you.
You may not be permitted to travel back to US till the disposal of the case.
- Since, you are residing abroad for past 23 years , then your name cannot be cropped up in the said FIR , specially when the trial of the case has already started.
- Further, the said police report regarding your living abroad is also enough proof in your support in that case.
- Further , before passing the direction to summon you , it will be informed to your brothers counsel , hence you may instruct him to produce the said report of the police before the court.
1. First of all get the Summons first,
2. Thereafter engage a local lawyer to defend you and file an application for removal of your name as one of the accused parties who stays abroad, are a Citizen of another country and also are in no way involved in the said case.
First, let them send you summons after the court permits including you too in the case. You may then execute a specific PoA in favour of your reliable friend or relative in India to appear on your behalf, engage a lawyer and move to strike out your name from the case.
Go go quashing of the case in high court if it's a false case
