Legal Question in Criminal Law in India

Subject: Can discharge application be filed by NRI husband in case of very simple FIR without any evidence

Detail :-

1. Wife filed 498a against Husband, Sister and Mother in 2009. Sister name has been removed by Apex court (482 quash) and mother acquitted by trial court.

2.Husband is NRI and got divorce from US court in 2010(Wife participated and sent her response twice ) .

3. Husband never came to India and was declared absconder by police. Common Charge sheet filed against mother but husband left under 299 .

4. FIR has same accusation against husband and co-accused (mother & sister)

5. Not a single evidence has been presented by wife but husband has many picture and evidence in his favor and submitted them during mother `s trial and mother was acquitted with a very favorable order

6.FIR is very simple and baseless and doesn't talk about dowry and physical torture.

7.Wife is Phd holder and belong to rich family .

Question : Can husband file discharge application ?


Asked on 7/04/24, 10:38 am

1 Answer from Attorneys

in this case, the husband can file a petition before the high court for quashing of the FIR in case no offence is made out against the husband. But in your situation, it was a mistake not representing yourself through your lawyer in the court of law in India. Had you done that, the court won't have declared you a proclaimed offender. You simply had to send a power of attorney/vakalatnama to an Indian Lawyer and he would have take care of everything. In the present situation, i advice you to file an application for dropping the proceedings under sec. 82 and 83 of crpc. In case the trial court refuses to drop the same, you may approach high court for favourable orders. All the best.

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Answered on 7/14/24, 9:13 am


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