I am Indian citizen working in US. I got married in July 2018 and moved to US for studies in Aug 2018. Six months later my wife also joined in Feb 2019. After some small dispute, she left to India. Everything became normal and she came back again in Feb 2020. Due to corona she was stuck in US. Again after small dispute she left in Sep 2020 and landed her paternal home. Once she and her family knew of my job she first filed DV case and then now 498a FIR. Q My question is since I was always in US from 2018, even if say my wife alleges dowry how would police investigate. Also I never asked for one. There might be some Whatsapp chats which she will selectively show would Police still mechanically file charge sheet against me to prosecute me. What is theory and what is practical ?
This is the standard practice of wives to impose various sections of the IPC and lodge a complaint. The police lodges an fir and starts investigation. Mediation proceedings also start and if the mediation fails criminal trial commences.
Take anticipatory bail for yourself and your family in case they are also implicated.
Participate in the mediation proceedings.
Police would file FIR
notice has to be issued to you for carrying investigations
police generally file charge sheet without carrying on proper investigations
Yes police may file FIR. You can go for quashing in HC after FIR if aame doent have merits
Dowry demands are not made through written requests, email, whatsapp chats etc. dowry is demanded by word of mouth, many times indirectly through conduct in closed doors. There are many ways which cannot be listed. Court knows that it is not possible to produce direct proof of dowry demand. A statement of dowry demand by witness is sufficient for Court to conclude of such demand. Demand of dowry can be made in U.S. to wife or her relatives through calls, through relatives in India. This is specific answer to your question without any presumptions of such demand. However, it is difficult to prove dv while husband in U.S. and wife in India. A charge sheet can be filed under above circumstances.
She can file the criminal complaint in her hometown or the place of current residence.
As you rightly said, the police would do the investigation in a mechanical manner alone in the absence of the physical presence of accused before them.
The police may ask you to come down to India, once you are here, then they may immediately register FIR and then may even request the court to direct you to deposit your passport before court in order to prevent you from escaping to abroad after granting bail
Once your passport is held in court deposit then you may not be able to travel abroad or continue your profession in abroad.
This may spoil or even ruin your career.
You may think about responding to the police if they send you any notice in this regard
Dear Client,
As per the facts which have been provided, you can talk to an advocate and share the details of the case to defend yourself in the court. The husband can also file a complaint against the wife that she has been threatening him to file a false Section 498A case.
Hope this clarifies your query and requirement.
Thank you.
