Krishna 05 October 2018

COMBINING TWO CASES

My wife filed 498A case on me & my mother. I filed a quashing petition in high Court for 498A. I filed 420 CASE on my wife. 498A & 420 cases running in two different courts. Now my wife filed a petition for stay on 420 CASE & COMBINING 420 CASE with 498A.in Metropolitan sessions Court u/s 408,408(3). In all cases I'M party in person. In 498A quash petition notice was served. My opinion is once these two cases clubbed, my wife will raise objections in 498A quash petition as 2 cases are going. in her petition she didn't mention about high Court quashing petition and lawyer is same for both cases. How to proceed and file counter? Thanks in advance for your kind advice

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5 Replies

Vijay Raj Mahajan (Advocate) 05 October 2018

Move application to the district session judge for combing both cases in one court, that may be allowed and one judge or judicial magistrate will hear both complaint cases.

Krishna 05 October 2018

Thanks for your prompt reply. my moved an application to combine both case. 498 A filed by her and 420 filed by me. If both cases are clubbed then what is the status of my 498 A quash petition in high Court? Will they object saying that both cases are clubbed

Krishna 05 October 2018

My wife filed for clubbing two cases, not me

Vijay Raj Mahajan (Advocate) 05 October 2018

No the quashing petition in High Court for FIR u/s 498a IPC is independent matter nothing to do with criminal complaint u/s420 IPC. The combination of both criminal complaint cases before same judge doesn't mean both will be taken as one complaint case, both are independent and will be decided independently by the court.