I am an NRI and My wife, living in India ridiculed and defamed me publicly after which I decided to end my already strained relationship with her. AFter the incident of my defamation I called her parents and expressed my intent to end my marriage peacefully as per my rights in Islamic Shariah law. I even gave them an option of Khula . But instead her family gave us gruesome threats if I didnt forgive or proceed to give divorce. Because of their threats, I was compelled to move my parents out of India before I pronounce Talaq . My parents are old and senior citizens. And as I could no longer continue the marriage , I gave her Talaq with in next few days and made an announcement in the newspaper to collect her gold and other belongings which she brought at the time of marriage from an advocate.
After my ex- inlaws came to know that I gave divorce , they have lodged false FIR against my whole family. They have cooked up a story in which they framed every member of my family and shockingly ,they have framed my sisters husband's family as well so as to take revenge with my ELder sister. My ex-inlaws have strong connections with Police authorities and MIM polititians. They even have licensed revolvers. The offence that they complained is cognizable and unbailable. They just want to ruin our lifes to show how powerful they are.
My whole family is out of India, but my Sisters Husbands parents who are almost 80 years old are in India and they too are framed in the FIR with cognizable offences( 420 , 302, 406, 109). But somehow, by Gods grace, they got bail from the high court and were not arrested by police.
I sent emails to ACP and DCP explaining and giving them evidences that FIR is 100 % false and just a retaliation to my divorce. I even gave proofs of what made me gave the divorce to her.
Now I have asked my lawyer to quash the FIR because still the chargesheet has not gone to court. But the lawyer is saying that he cannot quash the FIR as the complaints are unbailable and we are out of India . And as per him, if we try to quash, my ex- inlaws can appeal in supreme court. But my argument to him is that the FIR is utter nonsense and I have all the proofs to prove it wrong. I have sent him all the proofs proving the FIR to be fallacious. But my lawyer is not agreeing to quash .
Please advise if I should change my lawyer or we really cannot quash the FIR .I have all the evidences to prove the FIR wrong.
Also, Police is asking to submit passport of my sisiters father in law as this is one of the conditions of the bail he got from the high court it seems. SHould he submit the passport to police. Other wise police is threating to arrest him. Please help.
Asked 10 months ago in Criminal Law from United States
1.Your lawyer is right in saying that FIR can not be quashed but the grounds he has given are bull-shit. The actual reason is during FIR ( investigation) stage the court is reluctant to admit quashing matter. They ask the party to wait till submission of charge sheet which means the investigation is over.
2. Do bear in mind that mere giving of divorce before is no ground for quashing. Quashing is rarely allowed and that too is done when the bare reading of the complaint makes the allegations highly improbable .
3. Read the bail order of the condition is to submit passport then comply it. Else bail would be cancelled.
4. I would advise you to wait for sometime so the charge sheet is submitted and then take the next call.
If the complaint copy is shown to me then I may would be in better place to comment in the merit of the quashing and may be next course of action.
1. Any order of the HC is open to challenge in the Supreme Court, so this by itself should not dissuade you from availing your remedies before the HC. You are free to engage another lawyer if your lawyer is not willing to be engaged. Unless the FIR along with the proofs that you are relying upon are perused no lawyer can tell if it will be a wise idea to seek quashing.
2. If the HC has ordered the accused to deliver his passport the order of HC should be obeyed in letter and spirit, failing which he can be arrested,
First of all I concur with the advice of your lawyer that it would be difficult to quash the FIR at this stage. High Court will definitely ask for a report from the Investigating agency and in the circumstances the report would contain a remark that you have not joined investigation so far and it might be that Police has issued a look out notice against you. The High Court might direct you to seek anticipatory bail and join the investigation. yet there is no harm in filing a petition for quashing FIR in case you have such a strong evidence that the complaint is malafide and it is abuse of process of law. There is no other option in the circumstances.
As far as bail conditions in the order of HC, the same are to be complied with to make the order effective. He should submit the passport to Police. Later if he has to travel abroad, he can seek court permission and get his passport back.
Advocate, New Delhi
1. Quash petition is not entertained in few High Courts like Calcutta High Court till charge sheet is filed,
2. In Kolkata, we all file quash petition only after the charge sheet is filed,
3. You should not file the quash petition till the charge sheet is filed by the police and you should not give maximum stress to develop rapport with the I.O. so that he submits favourable report about tye complaint,
4. The ground for not filing the quash petition shown by your lawyer being stating that the FIR can not be quashed as the complaints are unbailable and you are out of India is not at all acceptable to me,
5. Your sister's father in law should submit his passport to the police as asked by then and collect receipt of the submission. Co-Operate with the police totally.
1) if false 498A case is filed you need to obtain Anticipatory bail from sessions court for your self and family members
2) wait for investigations to be completed and charge sheet filed .
3) then based on legal advice file for quashing before HC
4) passport should be submitted by sister FIL if it is condition for hsi being released on bail
Quashing of FIR by itself means, get the bloody FIR cancelled irrespective of whether the offence is punishable or bailable etc.
If the bail conditions mention surrender the passport, that means you need to challenge the conditions of the bail itself.
You can contact me through my details available in the profile of this portal.
Thank you everybody for the answers,
Its been 2 months and still the police has not submitted the charge sheet. My lawyers have already submitted documentary evidence to police informing that the FIR is false and retaliation to Divorce announcement and i have sent the emails too, to the ACP and DCP of the police zone .
1. My whole family is still abroad and taking this advantage , can police authorities still say that the we have not joined the investigation and are absconding even when we have informed them by lawyers and emails. And if yes , can they issue a look out notice for my whole family( 8 people in total) . My ex-inlaws have strong connections with police and we are afraid if they can influence higher police authorities like DIG to issue look out notice. As the sections charged in the FIR are 420 , 302, 406, 109 (which are cognizable), how easy or difficult it is for the police to get the look out notice issued and of what kind possible ( Local or even international possible).?
2. No body except the father in law of my Elder sister has gotten the bail so far. So should we too apply for bail even when dont want to travel back to india soon. And what if we travel, can bail help us in not getting detained at airport. And after getting the bail, can we travel back abroad by taking orders from court.
4. I have audio evidence of my ex-wife inlaws threatning my parents and my younger sister ( just 20 years old) .So, even before the chargesheet is filed, can I use this evidence before court to file a counter complainant or case or petition of some sort from abroad ?
5. And if the chargesheet is filed, we can prove the case is utter false in just one hearing given the strong proofs we have. So, what happens to the complaitant if the case is found to be false. Can he be arrested or sentenced to prison? What can I do to sue them for my loss of money , health , respect etc.
Asked 9 months ago
1. LOC can be issued unless AB has been granted and has not been cancelled. If bail has not been applied by you then do it asap. You are making things difficult for yourself by not applying for bail. The conduct of an accused during investigation speaks a lot. There is no question of detention and custody at airport once bail is granted.
2. The biased finding of police can be questioned before the court.
3. Audio recordings can be used as evidence in the court.
4. Nothing happens in just one hearing in any court in any jurisdiction including US. You have to be patient in a legal battle. You can prosecute the complainant for defamation if the case is proved to be inherently false and also sue her for damages on account of a malicious prosecution.
1)the accused must apply for and obtain Anticipatory bail from sessions court
2) with court permission they can travel abroad
3) if in laws have threatened your family members they have to approach local police station and file complaint of criminal intimidation under section 506 of IPC
4) if the accused do not join the investigations they can be declared as absconders
5) you cannot prove case as false only in one hearing . You have to contest the case on merits before trial court
6) if you are acquitted you can file suit for damages against the complainant
1. Please note that since FIR has already been filed, the matter has already gone before the Court and police can not decide in this regard. Police can only conduct investigation and submit report before the Court. Look out notice will be issued by the Court for which DIG has got nothing to do with it,
2. File anticipatory bail petition immediately. Once you avail the AB, you will not be arrested either at the air Port or at any other place. You can travel abroad unless there is a restrained order issued by the Court,
3. Your lawyer should present the said audio evidence while praying for your AB. After the case is disposed of in your favour, you can file a case against them for lodging false complaint against you,
4. If you can prove that the complaint filed against you was false and was for harassing/causing damage to you, then you can file a case against them for which they will be punished with jail term, if the Court so decides.