• False 498A - Look out notice and Next steps

A false 498a was filed on my family and me in March 2016 and since then,
1. My parents and brother ( A2, A3 and A4) have obtained the stay of arrest 
2. Stay of Arrest for me (A1) was rejected , as I live in the UK I haven't re-appealed or applied for a bail.
3. We have started negotiating with the help of the case officer at Police station and have agreed to the terms of MOU.
4. We have returned each other the belongings and we have given 50% of the agreed amount at the time of signing the MOU. 
5. 498A case is still open with the police station. 
6. We have approached Family court with MCD filed by my wife. First hearing due to a small error in documentation judge asked us to get another hearing date. My father who has GPA in family court is attending the sessions on behalf of me. Next hearing is on 3rd of Nov.

Now, we are not sure if what we are doing is right.

Our Lawyer is saying that as we have the signed MOU, it doesn't matter if we get the divorce first or get the 498a quashed in the High court first. 

My wife and her family are preferring to get the divorce first get the full money and then they saying they will come to high court to file the quash. 

I will have to come to india for the final hearing at the family court, however we are not sure if there is an LOC that was given out on my name.

What is my safe play, what should i do and what is the order of things to wrap a 498a case with no future complciations once we have come to terms.
Asked 2 months ago in Family Law from United Kingdom
Religion: Hindu
1) quashing should be done before second motion

2) you should not have agreed to make full payment unless wife agreed  to  move HC for quashing 

3) once you have signed MOU terms are binding upon you 

4) you will have ti make full payment before quashing 

5) you don't have to come down to India for final hearing . Virtual presence through Skype woukd suffice 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
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Dear Querist
your lawyer may file an application before the trial court/magistrate in whose jurisdiction the police station is, regarding the status of case and obtain the information regarding the LOC, the court will issue notice to I.O. of the case and I.O is duty bound to inform about the status of the case and about LOC, if there is any LOC open against you then your lawyer may file an application for cancellation of LOC based on your MOU/Settlement.

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Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
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1) on basis of MOU move HC for quashing of 498 

2)you can file RTI application with police authorities of your city as to whether any LOC has been issued or not 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
Irrespective dear 

Please get the FIR quashed first then pay the balance money or proceed with divorce - however  the divorce by mutual consent will automatically kill the effect of 498a but still better to go for Quashing first 


Best of luck. 
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
1. Pendency of 498A does not stall the prosecution of MCD. Even if 498A is pending the court can still go ahead and pass a decree of MCD. 

2. LOC is preceded by a non-bailable warrant of arrest (NBW) and the failure to execute it. On the website of interpol or state police you can find out whether it has been issued or not. Furthermore, your lawyer can find this information easily after inspection of judicial file.

3. Obtain AB or stay of arrest before landing in India.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
What is my safe play, what should i do and what is the order of things to wrap a 498a case with no future complciations once we have come to terms.

Since the MCD i going on, the police may not have taken any interest in initiating LOC hence you may not worry about it.
You can visit India for the final hearing, in the meantime you ask your advocate tio hasten the quash petition based on the MCD proceedings.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Further clarifications, I have recently acquired british nationality and hence i will be travelling on Indian visa and not on indian passport. I have already surrendered my indian passport how does this effect the LOC if there is on issued on my name. 

If there exists a LOC, it will not mater whether you are an Indian citizen or a foreigner, the police may first make an arrest, but in my opinion there may not be any LOC since the MCD proceedings is going on.



How do i know if there is a LOC on my name in the first place?

Even Your advocate may clarify and confirm the pending LOC against you.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. Your Advocate is right. since the MOU has been signed, you can place the same while aaaaaaaaaappearing for both the cases being the MCD and 498A quash case.

2. pay the full money on the day of the 2nd motion at the Court since otherwise, she may refuse to attend the court after receiving the full money and demand for more money. Simultaneously ask her to support your ground for quashing the 498A case affirming that she has lodged the 498A complaint out of rage.

3. No LOC notice is expected to be issued against you for her lodging the 498A complaint.

4. Get the 498A FIR quashed with the help of your wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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1. Since you have become a U.K. citizen, the order passed by Indian court for an offence allegedly committed at UK will not be enforceable on you.

2. There will certainly no LOC issued against you since there has been no arrest vwarrant issued against you by local police in India.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1)you do not need to go to HC to get the case quashed as police have in their investiagtion report submitted to court mentioned about settlement arrived between the parties 

2)your lawyer can inform case status to you 

3) wait for closure of case and then brother can renew his passport 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
1. You are required to quash the FIR filed against you for which the said LOC exits though it is ineffective  after both of you reconciled and came to terms.

2. File the quash petition before the High Court and get the FIR quashed.

3. Once the FIR is quashed, the LOC in connection to the aid FIR will go away automatically. Your brother's passport application will not be affected by the said LOC since it is with the immigration department only.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
For quashing the case you may have to approach high court 

First you file the petition then you can seek clarification

There is a formality to be observed in passport office, you cannot help your brother without revealing the details about the pending case before the passport authority
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0

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