Legal Question in Criminal Law in India

False case squashing, absconding

I am a male, had a dispute with a female classmate 6 yrs ago.

She slapped me in front of people, which hurt my ego;and i complained to college in Mumbai,and later to police.

She filed false counter complaint claiming that I slapped her.(no witness came to speak truth!) and I was arrested, and bailed by the court next day.

I got job in Chennai; After 1 yr, police/court started visiting my poor parents;called my employer,i lost my job. I started attending all the court dates, but the complainant never turned up! i had appointed a local lawyer who everytime kept on requesting to the magistarte to close the case as the complaining girl never came for any hearing; but all times kept on getting next dates!Tired of it for 2 yrs I moved overseas. The police visited my parents again,and so they shifted residence. Now all at peace for 3 years.

Is a way to get my name removed from false case?

If I visit India now,will police arrest me at right at the airport; how do i know if i am in absconders/wanted list?

What I would like to know is, is it possible that I visit India peacefully; and during the visit with help of a good lawyer get this false case closed in just a few days(not years).

(or is there a way to deal from here?)


Asked on 12/15/05, 8:51 pm

5 Answers from Attorneys

M OBEROI M.S.OBEROI & Co.

Re: False case squashing, absconding

Firstly- you can appoint a local lawyer who can verify from the concerned court or successor court - if there are order against you .

If there are any order against you- then - first you must try to get bail from the court and get the adversre orders set aside . If the lower court does not respond positively - then you can approach the High Court u/s 482 Cr. PC for quashing of legal proceedings citing all the facts , including the fact that complainant never appeared in court and even then the case was not dismissed in default by magistrate .It shows a definate bias against you. [email protected]

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Answered on 12/16/05, 12:29 am
nagendra naik Naik&Co,

Re: False case squashing, absconding

it is a hanging sword on your head. you have to get it cleared. it is not a serious case. but you have to undergo certain procedures. before answering what you should do.who is the lady. whether she will acceed to your request to settle the issue. if that is possible you can compound the case. on the same day the warrant will be recalled.

on the other hand you can appear before the court voulantarily and get the warrant recalled.please engage an advocate. give him the case No. so that he can verify the status of the case.

you can visit india comportabaly. but going out will not be possible untill the case is called.

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Answered on 12/16/05, 9:44 am
Vijay Patel HL PATEL ADVOCATES

Re: False case squashing, absconding

U sd engage an advocate who can file quashing of complaint petition in the State High Court demonstrating her absence and her lost interest in her complaint and the complaint filed by u first in point of time etc. The complaint will come to an end by decision of the High Court.

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Answered on 12/16/05, 12:35 pm
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: False case squashing, absconding

Dear Young man,

Please note that if the case find against you is only for slaping a lady would not last for such a long time. Please send further details so that I can be helpful to you and get your problem resolved on 09426101233 my cell no. you can contact me.

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Answered on 12/16/05, 9:00 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: False case squashing, absconding

There are two ways prescribed by law for culmination of a criminal trial viz. either a discharge or acquittal. True or false, there appears a prima facie case against you. As such, discharge appears difficult. Thus, only option is to conduct the trial and get an acquittal. A trial can be conducted in the absence of an accused, if he is ready to comply with sections 205 & 317 Cr.P.C.

As regards your arrest on arrival - it depends on the status of your case. If a Warrant of Arrest had already been issued against you by the court, then you would be arrested on your arrival. Your lawyer can check and tell you about this.

As regards conducting the case in few days - it all depends on the Diary of the Court conducting the trial and nothing is certain in this behalf.

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Answered on 12/19/05, 7:20 am


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