file complaint of criminal defamation against her girl  and her parents 

2) approach HC seek permission that you may be permitted to travel abroad for work purposes and for setting aside LOC issued against you 

3) also file civil suit for damages 

4) change your lawyer 

We have carefully considered the facts narrated by you regarding the engagement in 2020, the false representations made by the opposite party through the matrimonial platform, the coercive conditions imposed upon you after the engagement, and the subsequent FIR registered against you and your family members under Sections 354A, 406, 420, 493, 511 IPC and Section 4 of the Dowry Prohibition Act. We have also perused the sequence of events relating to the issuance of Look Out Circular (LOC), Non-Bailable Warrants (NBW), your arrest upon arrival in India, and the present status of your conditional bail.

Based on the documents, case progress, and your narration, it is evident that the allegations in the FIR are unfounded, malicious, and appear to have been levelled only to pressurize you after you refused to accept the unreasonable conditions imposed by the complainant’s family. The absence of any meaningful investigation for several years, absence of any 41A notices, non-collection of evidence, and the clear contradictions between the FIR allegations and your documented proof will form strong grounds for quashing the proceedings before the Hon’ble High Court.

At this stage, your immediate priority is securing relief from the ongoing travel restrictions and ensuring that your professional obligations in the United States are not adversely affected. Since you are presently on conditional bail with a requirement to appear before the trial court every Monday and since an LOC is active in your name, you will need to pursue two simultaneous remedies. First, an urgent application before the Hon’ble High Court for listing and early hearing of your already-filed quashing petition, along with a separate application seeking cancellation or suspension of the Look Out Circular. Courts have repeatedly held that once the accused is on bail and cooperating, a LOC cannot be continued unless there is clear evidence of flight risk or non-cooperation. Your written permission granted previously by police for travel, your educational and employment obligations, and the absence of any investigation for years will significantly support your prayer.

Second, before the trial court, you will have to seek relaxation of your bail conditions and specific permission to travel to the United States for a fixed period. Such applications are routinely allowed upon furnishing appropriate sureties, an affidavit of undertaking to return, disclosure of your foreign address and employer details, and a request for exemption from weekly appearance during your travel period. If such permission is denied by the trial court, you will have the remedy to approach the Hon’ble High Court, where relief is generally granted in cases involving employment, education, and foreign residency requirements.

With respect to your sister, who is unable to appear due to having an infant child and visa-related travel constraints, an application under Section 70(2) Cr.P.C. may be filed for recall of the NBW issued against her, supported by appropriate documents. Courts regularly recall warrants issued against women in such circumstances without insisting on physical appearance, provided valid reasons are demonstrated.

Once the LOC issue is resolved and your travel is permitted, the quashing petition must be vigorously pursued. Based on the material shared by you, there appear substantial grounds to invoke the inherent jurisdiction of the High Court under Section 482 Cr.P.C., as the allegations lack the basic ingredients of the offences alleged. If the FIR is quashed, you will then have the right to initiate appropriate proceedings against the complainant for filing a false criminal case, including but not limited to complaints under Sections 182, 211, 500 IPC and for compensation for malicious prosecution. Such proceedings are, however, more effective once the main case is quashed or you are acquitted.

Considering the sensitivity and urgency of your employment situation, it is in your best interest to immediately engage a competent High Court advocate to take urgent steps for listing your quash petition, filing the LOC cancellation petition, and initiating travel permission proceedings. Inaction or delay may adversely affect both your career and your legal position.

We remain available to assist you in preparing all necessary applications, petitions, and supporting documents for securing the earliest possible reliefs.If you wish to contact us, you may do so on https://qrco.de/syslaw 

Your case has been messed up to say the least and you were not at all informed about the gravity of the allegations.

Now it will take time to come out of these tangles. 

With the conformation of bail you need to apply for withdrawal of LOC. Contemporaneously you will have to apply for quashing as well. 

Until the cases get resolved either by quashing or not mutual settlement it is not advisable for your sister to visit India once again. 

Hello,

Firstly, change your lawyer. Hire a lawyer who specializes in this matter in the High Court to expedite the entire process.

Regards

Hi,

This is a complex and stressful legal situation, especially given the immediate pressure of your job in the US and the recent arrest.

You cannot simply "quash" an LOC overnight if the criminal case is active. However, you can get temporary permission to travel.

Modification of Bail Conditions: file a petition through lawyer under Section 439(1)(b) of the CrPC (or the corresponding section of the BNSS) in the Trial Court (where you sign every Monday) requesting/praying the court to relax the condition of "appearing every Monday" and grant permission to travel abroad for employment. It is pertinent to mention here that Right to Livelihood (Article 21) is a fundamental right of Constitution of India.

To seek relief, you may request the court, either within the same petition or through a separate application, to suspend the Look Out Circular (LOC) for a specified duration, such as one year, or to grant permission for travel. In such cases, the court generally requires substantial collateral or surety, including property documents, fixed deposits, or a guarantee from parents, to ensure your return to India or your participation in proceedings through video conferencing.

To handle your sister’s Non-Bailable Warrant (NBW), it is important to understand that she is currently in a vulnerable position and, if she travels to India, she faces a high likelihood of arrest just as you experienced. The correct legal strategy is to immediately file an application before the Trial Court seeking recall of the NBW, and simultaneously submit a petition under Section 205 CrPC requesting exemption from her personal appearance. These applications should highlight key grounds, she is a resident of the US, she is the mother of a one-year-old infant and a lactating mother (a strong and well-recognized consideration before Indian courts), and she is unable to travel due to visa and childcare limitations. The objective is to secure court permission for her lawyer to represent her without requiring her physical presence; once the magistrate accepts this, the NBW is recalled and all further appearances can be made through her counsel.

File/persue Quash Petition under Section 482 CrPC, if the FIR is based on false allegations.

Regarding counter-complaints for defamation or malicious prosecution, although you want to take action for the damage caused to your career and reputation, this should not be your priority at the moment. Filing such cases now may irritate the court or appear to be a retaliatory move, which can negatively affect your chances of securing travel permission. It is wiser to wait until you obtain relief,either through quashing of the FIR or an acquittal, after which you can pursue strong actions for malicious prosecution and defamation.

You have to file a petition before high court seeking to remove LOC, permit you to travel abroad for the purpose of your employment, give an assurance to obey the court instructions in this regard, provide surety, attach the copies of your employment and the copies of documents to prove her false allegations.

Before that you can change your current lawyer and engage the services of an experienced lawyer who will co-operate with you and guide you properly in this case 

You need to approach the HC for cancellation of loc and to the trial court for cancellation of nbw

In given circumstances mere on being engaged no such given case is made out under given circumstances but since FIR was registered and as unfortunately Nbw was issued hence you have to get nbw cancelled and on cancellation you have to approach for cancellation of LOC. Likewise in case of sister also her nbw should be cancelled. you can appear through video conferencing etc. you should also chage your present advocate if he is not caring. Details are required to be examined in order to suggest further. 

1. Move a Criminal Miscellaneous Petition seeking (a) suspension of the Look-Out Circular, (b) permission to travel abroad for employment, and (c) time-bound directions to the Trial Court. Courts frequently allow international travel when the accused is on conditional bail and cooperating with proceedings.

1. Apply before the Trial Court or High Court requesting removal of the weekly Monday signing requirement, permission to be represented by counsel, or permission for monthly/quarterly appearances. These relaxations are commonly granted when the accused must travel abroad for work.
2. Your sister can seek recall of the NBW by explaining that she is currently abroad, has a one-year-old child, and faces visa-related travel restrictions. Courts generally accept a Power of Attorney along with medical and visa documents and recall the NBW.
3. After stabilizing your bail, you may file complaints for defamation under Sections 499/500 IPC, false information under Section 182 IPC, and criminal intimidation or extortion if applicable. You may also move an application under Section 250 CrPC for compensation if the case ultimately results in acquittal.
4. File an Urgent Mention before the High Court, seek interim stay on further trial proceedings, and request that the quash petition be listed within a fixed timeframe. If necessary, consider changing to a more responsive advocate.
5. If your current lawyer has caused delays or failed to inform you, immediately appoint a new criminal lawyer in Chennai. Obtain certified copies of the FIR, LOC details, NBW orders, and all court filings. Ensure that your new advocate tracks every hearing and keeps you updated.

1. Your problem is for not managing your Court matter by your legal representative.

2. An application for filing your NBW along with leave for travelling abroad shall have to be filed by you.

• Change to an active criminal lawyer in Chennai/Andhra immediately and get:

  • NBW against you and your sister recalled,

  • Your bail modified so weekly appearance is relaxed, and

  • A clear order from the trial or High Court allowing you to travel to the US for a specific period, with conditions (surety, undertaking, next‑date appearance through counsel etc.).​

• Have the new lawyer:

  • Press for early listing and disposal of your pending quash petition, citing all written proofs, misuse of dowry laws, and your NRI job situation.​

  • Move an application before the same court or High Court to cancel/suspend the LOC for the allowed travel period; once you have appeared and are on bail, courts can direct police to withdraw or keep the LOC in abeyance.​

• Counter‑case for false allegations is usually filed only after you get some relief in the main case (discharge/quash/acquittal):

  • Then you can consider action for malicious prosecution and false information (IPC 211/182), plus defamation, based on your evidence that they lied about caste, conditions, and dowry.

Has NBW been recalled?

Even LOC can be quashed in view of false allegations, matrimonial dispute and your career.

What is the stage of the case before the trial court?

Quash is not advisable.

I need to go through the entire case history including a discussion with you to completely understand the case to get you out of this legal imbroglio.

G.Rajaganapathy

Advocate

High Court of Madras

- As per section 65 of Indian Contract Act, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the person from whom he received it.

- Further as per section 73, when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him.

- Further, the party who broke the contract due to mistakes of other party will have also bear the consequences for breaching the contract as well. 

-  Further, breach of promise to marry also attracts an offence of cheating under S. 415 of the Indian Penal Code, if the intention was not to marry at the time of engagement.  

- Since, you have broke the engagement due to the fault of the said girl , hence you are not responsible for the same , and the bride family will have to prove the existence of promise of marry. 

- Further, your intention was very much to marry with that girl and not to cheat the bride family , by this way you have not committed any offence legally. 

- Hence, it is a fit case for quash the FIR , if there is no proof of dowry demand etc. are with the said girl.

- You can change the lawyer for filing the Quash petition before the High Court and to cancel the LOC 

- Further , you can appear thought VC mode as well if you or your sister unable to appear before the Court physically. 

Amicable settlement is best option 

litigation is long drawn and expensive proposition 

settle with wife and dowry harassment would be quashed against you and your sister 

The circumstances as stated by you are of suspicious nature. How an advocate can proceed with relevant paper. Case seems not to have been handled properly. You should approach new lawyer. On examination of details remedies could be advised. If required consult with detail. 

No it will not take more time you can change

No doubt you have an option to change the lawyer since the current lawyer, as per your apprehensions, is not cooperating properly nor he is responding properly, but what is that you can do if the new lawyer is also not able to bring the case for early listing. 

The quash of chargesheet is the better option than quash of FIR. 

The court cannot pass an order to dispense with your personal appearance when there is a NBW pending against you.

Now since the NBW has been recalled you can file a petition for dispensation of your personal appearance before the trial court itself. 

The court may not allow the application to recall the NBW against your sister in her absence because the same is pending execution for over two years, hence the court may insist on her personal appearance.

Not only your sister  but you are also innocent of the charges/offences levelled against you, hence instead of still hanging around the high court waiting for listing of the quash petition, you my better file a discharge petition before the trial court on merits and the documentary evidences in your possession.

Alternatively if you are confident that you can nullify the charges levelled against you then you may decide to withdraw the quash petition and face the trial before the trial court and get the false cae dismissed of get acquitted.

There are more avenues open before you, it is you who has to decide the next course of action.

Your situation is legally complex but not hopeless. The major damage—NBW, LOC, and delayed filings—has happened mainly because your earlier lawyer failed to take timely steps and did not inform you properly. However, the law still gives you multiple remedies that can be activated quickly with proper representation.

Since NBW against you has already been recalled due to your arrest and subsequent bail, the primary concerns now are:

(1) recalling NBW against your sister,

(2) seeking modification of your bail conditions,

(3) getting travel permission,

(4) moving the High Court to decide your pending quash/LOC cancellation urgently, and

(5) securing all documents, including charge sheet, from the court record so that you are not dependent on your current counsel’s lack of cooperation.

Even though a charge sheet has been filed and your lawyer wrongly filed a quash petition against the charge sheet instead of FIR, the High Court can still quash the proceedings at the charge-sheet stage. Many quashings are allowed even after charge sheet, provided you have strong evidence of false implication—which you clearly do. So this mistake is not fatal.

Regarding your sister’s NBW, the opinion you received that she must appear physically is not entirely correct. Courts routinely recall NBWs without insisting on physical presence when strong reasons exist. Your sister has a one-year old baby, is residing abroad with visa limitations, and has been cooperating earlier. These circumstances are legally recognised grounds. A recall-of-NBW application supported by medical documents, visa status, child’s birth documents, and an undertaking from you or local family members can be accepted. If the magistrate refuses, the High Court can intervene and recall the warrant in a single hearing.

Travel permission for you is also legally possible even though you are Accused No. 1. Courts permit foreign travel when:

• the accused is on bail,

• charge sheet is filed,

• the accused’s presence is not required for any immediate stage of trial, and

• employment or education abroad would be seriously affected.

You have documented proof of job obligations, financial liabilities, U.S. residency on visa, and past cooperation with police. These are strong grounds for the court to allow temporary travel. Even if the trial court denies it, the High Court can grant permission with conditions (surety, fixed dates, undertaking, fixed return date, etc.).

For the LOC, once you are out on bail and appearing before the court, the LOC should not continue unless there is evidence of absconding or risk of non-return. Since you have already been arrested and released, and are complying with the bail conditions, the LOC must be cancelled. This requires a separate LOC-cancellation application in the High Court. The pendency of the quash petition is not a barrier—you can seek urgent hearing and ask for LOC cancellation even before the main quash is decided.

If your present advocate is refusing to cooperate, not sharing documents, avoiding calls, or discouraging legitimate legal remedies, you are fully entitled to change your lawyer immediately. Changing a lawyer does not cause any delay in the High Court. The new lawyer simply files a Vakalatnama with a “No Objection Certificate,” and if your current lawyer refuses to give NOC, the court allows you to change counsel by filing an application explaining the circumstances. The court never forces a client to continue with an unresponsive lawyer.

You should urgently appoint a competent High Court advocate who is familiar with criminal quash matters, LOC cancellation, and bail condition modification. With the right lawyer, it is possible to get your LOC cancelled, get travel permission, recall NBW for your sister, and fast-track your quash petition. Your facts provide strong grounds for relief: the case is five years old, no investigation was conducted, no 41A notice served, no trial has begun, and there is clear documentary proof contradicting every allegation in the FIR. These factors significantly strengthen your case.

If you want, I can guide you step-by-step on which petitions must be filed first and in what sequence, so that you can return to the U.S. lawfully and protect your sister from unnecessary hardship.

1. Charge Sheet Already Filed (Not FIR)
Your lawyer's mistake is irreversible. Once charge sheet is filed, quashing becomes much harder—you've lost the early-stage advantage. However, it's still possible through High Court.​

2. You as A1 (Main Accused)
Being A1 with an active charge sheet means courts will likely deny travel permission until discharge/acquittal—not just interim permission. Judges view A1 departure as flight risk.​

3. Your Sister's NBW Recall
The advocate saying she needs physical appearance is partially correct. However:​

• She CAN appear via video conference if granted by court (not automatic)

• She needs to file Section 70(2) CrPC application with medical certificate (one-year-old baby)

• High Court can order this under Arnesh Kumar guidelines

The Core Problem: Your Lawyer

Your lawyer is deliberately sabotaging by:

• Not sharing charge sheet with you (illegal)

• Suggesting settlement without fighting (indicates collusion)

• Not listing quash petition for 30+ days (contempt of court)

The ONLY Way Forward

Immediately file before High Court (NOT trial court):

1. Writ Petition under Article 226 (Constitutional remedy) stating:

   • Frivolous charge sheet filed on false allegations

   • You have irrefutable audio evidence

   • All allegations are fabricated (they lied about caste/conditions)

   • Request: Quashing of entire proceedings + travel permission for US job

2. For your sister: Separate petition for NBW recall under Section 70(2) CrPC with video conference clause

3. Fire your lawyer and get a HIGH COURT specialist now—not trial court advocate