• Resolve bailable warrant on my family (498a) and find if there is any lookout circular in my name

•	False 498a case on me (NRI), all family members are included too is filed in Delhi court.
•	Have a “bailable warrant” in each family member’s name.
•	My dad is a 75yrs old man who is certified handicapped and doesn’t pose any threat to anyone.
•	My sister lives with my dad and there is no incident describing her involvement in the FIR. Additionally, she got divorced during that period, so she is in depression and has a heart condition because of that ordeal (medical certificates can be provided, in case you pursue the case).
•	Whereas my brother doesn’t even live there and is employed in another state.
•	The FIR is vague and doesn’t describe any incident involving dad/sister/brother. Though, the FIR at one place just says that I and my family demanded 20 Lakh rupees as dowry for starting my brother’s business.
•	In the 498a case, she falsely accused me at multiple places of asking for money, a car, jewelry, etc.
•	Whereas, in reality, I have spent a lot of money on her surgery during pregnancy in the US, transferred money to her parents on the false demand of money for cataract surgery, etc. and I have proof of those transactions. Now, why would any sane person transfer money to her parents and ask for a dowry at the same time?
•	Furthermore, the FIR doesn’t mention any witnesses corroborating her imaginary story.
•	Soon after marriage I went to the US with my wife, had a baby girl there, and returned to India after 4 years as my employment ended there. I believe these whole cases (498a, 406 & 34) drama started just because I lost my job and her dreams of a luxurious life got shattered.
•	After moving back from the US in September 2016, she hardly stayed with me in my parent’s house for 2 months, and finally moved out in April 2017 to her parent’s house in Delhi.
My question: -
•	What is the process of paying bail to remove the arrest warrant for my family members?
•	So far only 2 dates have passed on the 498a case and there is already a bailable warrant in my family member’s name, does that sound legal?
•	Is there any discrete way to find out if there is a “lookout circular” in my name? (I got re-hired in the US but will soon return to India).
Asked 3 days ago in Family Law
Religion: Christian

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8 Answers

You may have to move an application seeking anticipatory bail for all of them before court. 

If they have been enlarged on bail then you may have to challenge the case in trial proceedings on the basis of documentary evidences in your possession. 

You will come to know about it only when you enter into Indian airport. 

You can ask your advocate to find it out through his sources 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

1.Move an anticipatory bail application to avoid unwanted arrest.

2. Yes, court or the investigating officer can issue bailable warrant.

3. Yes

Nikhil Gupta
Advocate, Yamunanagar
97 Answers
1 Consultation

4.0 on 5.0

You have to approach Delhi for cancellation of bailable warrant issued against st you and your family members 

 

2) personal presence on court is necessary for cancellation of warrant 

 

3) if you dont appear on court on each date court can issue bailable warrant 

 

4) you can make application for  exemption forum personal appearance until further orders 

 

5) IO can guide you as to whether LOC has been issued against you 

 

 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

  1. To prevent any surprise, you need to appear in police accompanied by two sureties with sureties forms, id proofs, personal bond form of accused and sureties. Submit yourself to the police with High Court order, complete the formalities taking a along a local Advocate.
  2. In view of balilable warrants, police may not arrest you, but just to harass you they may try to catch you when you are not ready with sureties, hence appearing in ps and submitting sureties. Dates may pass without any arrest, quite normal.
  3. After order of bailable warrant, LOC cannot be issued.
  4. Relying on facts stated, you can seek quash of FIR by approaching High Court of Delhi, FIR will be quashed against at lest old parents and other relatives.  

Ravi Shinde
Advocate, Hyderabad
3124 Answers
42 Consultations

5.0 on 5.0

You can apply for anticipatory bail in order to avoid any arrest for yourself and your family members in Sessions or High Court.

Bailable warrant must have been issued by the court due to failure of the accused person to appear before the court despite receiving notice which can easily be cancelled. The warrants would be cancelled once the accused person has appeared before the court. From next date onwards if any accused person fails to appear before the court you can ask your advocate to move an exemption application citing the reasons for their non appearance.

There are ways to to find out whether any look out circular has been issued in your name. You can contact any criminal lawyer for the same from this portal.

You can adduce the documentary evidence in your favour during the trial to disprove her allegations and the same can be put worth to her witnesses during cross examinations.

Simultaneously, you can also file for quashing of FIR in High Court where you can adduce the evidence in your favour in order to disprove their case and to get the FIR quashed. There are very high chances that your sister's name would be removed from the FIR by the court as there is no specific incident about her in FIR. Other family members name can also be dropped from the FIR if no prima facie case has been made against them.

 

 

Siddharth Jain
Advocate, New Delhi
6080 Answers
101 Consultations

5.0 on 5.0

If arrest warrant is issued then you need to cancel it.

 

If you or your lawyers don't attend such warrant will be again issued with non bailable nature 

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

 

IF bailable warrants are issued against you and your family members then it is advisable to join the Court proceedings, 

If the allegations are vague, and general in nature, and no severe allegations are imposed, you and your family can get bail.

after getting bail you can apply for quashing of the FIR in the concerned high court,

once your family members appear in the court warrants will stand canceled (Nothing big to worry)

the court issues warrants if any person doesn't appear before it on the fixed date of hearing.

you can contact the concerned police station, higher officials, and/or trial court to check whether LOC is issued or not.

 

 

 

 

Suneel Moudgil
Advocate, Panipat
2372 Answers
6 Consultations

4.7 on 5.0

\- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Since, your parents are also included as accused in her case, then they can apply for getting anticipatory bail from the session court , and surely they will get the same 

- Further, they can also file a petition before the High Court for removing their names in the FIR and also for quash the FIR against them 

- Since, the charge sheet has already filed then the appearance on each and every dates of hearing is mandatory , otherwise court can issue warrants against the accused. 

- If your parents will appear before the Court on the next date of hearing , then the bailable warrant issued against them will be cancelled automatically. 

- However, if your parents are senior citizens ,then they can get permanently exemption from appearance from the court . 

- If LOC issued then 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.

- Hence, you can enquire for knowing about the LOC from the court itself with the help of a lawyer. 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

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