- This topic has 16 replies, 6 voices, and was last updated 1 year, 3 months ago by
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UMy wife left me few months ago and after leaving she started asking for Divorce. I tried my best to convince her to come back but all efforts in vain. Finally I left all my work here in USA and traveled to India and directly visited her home bypassing my own home to convince and request her and her family to send their daughter back.
When i came back to US I was shocked to see an FIR lodged against me and an article in newspaper saying that I blackmailed her to leak her private pictures if she does not come back to me. It also mentioned that I throwed utensils and abused my wife and her parents when I visited her home.
Everything is false and I have evidence.
What to do now? I have already approached High court for quashing but the thing here is even though I have evidence on the the prima facie there is a cognizable offense mentioned in FIR which will likely deny my quashing petition.
Sections: 351(3), 352 BNS
I don’t want to face long trial. Please help. -
SHi,
Where is your wife based and where (which Police station ) is FIR lodged.
Are you an Indian or US citizen ?
Please document a list containing date and time and events, collect all evidence (in terms of Marriage, departure from India (immigration stamps), copy of your wife’s passport (if possible) and any other evidence or fact which will support your case.
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SWhen the time comes to give evidence. Initially it will be rebuttal without accepting her allegations
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UPolice will not favor me. Quashing stage does not entertain evidence. Trial itself is a punishment even though things are in my favor
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UDon’t you thing coming to India is risky? They might illegally take my passport and then I have to run to court to get it back
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MWhich world are you living in?
Quashing has very remote possibility for husband.
Better to face trial. Try to get video call hearings.
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Shttps://www.facebook.com/share/15HNL8Avph/ join this group
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DIf you have money reach out to Amish Aggarwala. Or get a good lawyer locally . Better not to come to India .
Since she has already filed a case, the probability of quashing is with court only. Maybe with lawyer’s suggestion you would have to file counter cases . Usually people do this only after their cases are quashed .
You can also seek help from deepika narayan bharadwaj. She is very busy with many similar cases but maybe you can do something to get things expedited.
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BSign a poa to a relative so you can file a case to quash the fir before the HC. While the HC does take a dim view of quashing fir in cognizable crimes, you will have a good luck going through the high court.
It’s very simple, go through the FIR and see if ther s any specific allegation. If it’s a bald allegation like, “he used to hit me all the time”, shit like that won’t fly.
Also if the incident happened outside of India, that’s all the more reason it’ll help your case. Besides, other than 351(3) it’s not cognizable at all.
But make sure you don’t even bring up the word evidence or proof in court. The moment you do so, the judge will say take it to trial.
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