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.

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

Hi

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.

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.