- This topic has 37 replies, 12 voices, and was last updated 1 year, 5 months ago by
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UMy brother-in-law (wife’s brother ) is going through 498A FIR (BNNS 85) after one year of marriage .
His wife (petitioner ) has included names of 9 family members including 3 sisters of the accused and 3 brother-in-laws of the accused in the complaint .
Today 7 family were summoned to police station to finish the paper work.
I am living in abroad along with my wife , now police are pressurizing the family members to contact me and convince me to travel back to India within one month to sign the documents . Or else police are treating to issue LOC (look out circular ) against me and my wife .I have traveled twice to India during last one year , and I swear that I never spoke to his wife at all . Even all family members are innocent and no one even dared to shout at her (petitioner ) . Petitioner has anger and ego issues , this led to so many disputes between the couple , Hence the separation .
Could you guys kindly support me to explore the best options
1. Should I travel back to India and sign the notice in police station ? Will police trap me with “no travel notice “ or block my travel ?
2. If I don’t travel back to India , is it easy for police to issue LOC against the relatives of husband ?
3. If LOC is issues how to fight LOC through courts by staying abroad ?
Kindly help me out guys , thanks for the excellent support in this community
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SHire a lawyer and proceed with quashing FIR against distant relatives. 95% you will be successful if there is nothing concrete in FIR
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UIs it possible to file a petition to quash the FIR by staying abroad ? Though I’m not the main accused , can I approach a lawyer or is it best to ask my brother in law to do that process ?
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UI’m sorry , the pressure from ACP is so huge that my brother in law is not in the right state of mind to decide anything
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SYou should be sorry for not worrying about yourself and relying on your brother in law and ACP. Same goes for others accused in that FIR. Now you see why I feel sorry for you.
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SLOC notice is not a piece of cake and only done for big FIRs like rape murder or offense against india.
It is not that simple for 498a. Stop limiting your options with what you know from police and brother in law.
Reach out to lawyers independently and get a copy of FIR, lawyers will advise for quashing FIR in High Court
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UThank you brother , one more question if you don’t mind .
Do we need to file quash petition after charge sheet filed by police or can we file before charge sheet filed ?
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Hyou can file for quashing anytime, but if you do that before a charge sheet is even filed, then judge will put it on hold as the chargesheet is not even ready! Talking from my own experience!
So Id suggest to wait till the chargesheet is submitted which will take a long time…..unless this Acp is really behind you. Let they submit and then you can deal with it. Court proceedings are really slow, Id suggest to not come back till things are in control.
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Him talking from my own experience of 498A, I rushed and filed for quashing in High court and nothing happened! The judge said let them submit Chargesheet first be filed then we can see.
Paid almost 1 n half lakh as well to the lawyers still didnt get quashed. Later on when I discussed with other lawyers they told me that 90% of time judges wont allow quashing before chargesheet is even filed especially in these type of cases and unless you have sufficient proof to prove that the case is completely fabricated…..:) -
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UDon’t travel back, use that money to get a good lawyer. Mostly all extended family will be removed only husband will be suffering, standard procedure. You need to use money, your resources wisely. There are wolves every where. Police, courts, travel and the biggest dian
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UToday the situation is so weird , all policemen and women in the station have used such a bad language against our family members . And yet they are demanding thousands of rupees by naming it “formalities of station “.
Police system such a rotten system
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UDon’t give anything, take a lawyer. Even he is nothing but a broker. But he will get u a better deal. If police sense they can scare and extort money. They will get more ways of doing it. A lawyer will reduce it to once or twice
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Hand btw dont trust lawyers blindly, they are also vultures trying to take advantage of the situation and loot money from victims like us. Always double check, think and act. Take a second opinion if in doubt.
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RMostly it’s a trap but in case you choose to be delinquent then what happens if you need to go back in case of your parents or any other stuff..
Get in touch with a good lawyer and file 482 in the High Court for quashing of the case.
Most false cases trip on their own lies while trying to manufacture evidence. Get hold of the date time etc details.
You need to get hold of your tickets and other stuff like say you went to a friend’s house, then their apartment’s register will have a record or if you went to watch a movie or other such stuff.-
UThanks brother
My brother in law has roped in a lawyer to fight the case , but that guy is not giving sane advises . I mean he is not giving at all any advise , just waiting for charge sheet
I guess I should hire my own lawyer
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Hbtw for quashing too, you will need sufficient proof to prove that this case is fabricated against them. Else it wont be quashed and will drag along.
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RYou hire a lawyer> after some verification> give him power of attorney. Seek exemption from personal appearance under 205 CrPC. You can cooperate with Police (on paper) and seek video conference as mode to represent ( although it’s at the discretion of the Judge), post that ask the lawyer to follow up on 482, and 499 and 500. don’t share your lawyer detail’s with your Brother in Law(and he should only be representing your interest), for 498A- LOC and Extradition is almost never going to happen, and don’t visit India or atleast the same state ( till you’re completely acquitted), if on rare urgent occasion you need to visit ( don’t reveal details about your visit to anyone and stop your social media updates).
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UThanks for the detailed response , super helpful details on sections and things to do with lawyer . I will make note of it
Thanks kind stranger
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RSure,
I’ve seen so many clients harrassed at every step, most of my clients are usual common men, who have limited knowledge of legal procedure and fear police,
Also discuss with your lawyer if sec 438(4) is required at any point of time, for anticipatory bail(especially if you only absolutely need to come to India (it could be ailing parents/funerals, property related)
False 498A cases are at it’s peak, and the legal remedies are limited.
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UI still don’t have any clue why certain sections of women continue to defend this absurd law .. a single women has made life difficult for another 4 women.. in what sense this absurd law is justified.. also, what is even more stupid is that distant relatives not even living in same country are being tagged along..
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UDon’t make the mistake of travelling back, you will be detained at the airport for sure, and getting free from there would cost you hefty amount. Instead get in contact with not only a good lawyer but someone from your direct contacts if possible. Good lawyers will charge lumpsum amounts, but someone in the known circle won’t cheat you. Best case each anticipatory bail would cost Rs 20000 max since there are multiple people involved. Judging your financial background and ability to pay, police harass more
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