Samuel (CEO) 28 November 2012

Clarity required -complaint at police station vs court case?

Dear Member and Lawyers,

I already posted my issues and query in detail in the following link:

https://www.lawyersclubindia.com/category/Family-Law.asp

Below 2 questions just caught up in my mind, Can you please help me with your valuable suggestions?

1. My wife filed a complaint in police station on DV and 498a after enquiry made at police station, she has withdrawn the complaint with CS#( Not FIR).

Question: as she has withdrawn the case, Will she able to make the same case in Court? Or will she able to file another complaint in another police station?

2. Now there is no action taken from either side but I have called for counseling she never showed up.

Question: How far the earlier complaint made in police station will help? Will it get expiry or create impact on any?

Reply Follow

3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 28 November 2012

The earlier complaint won't strictly bar subsequent complaints as it was withdrawn even before it was an FIR. However if your could via RTI or otherwise get out the reasons of withdrawal they may somewhat help you, for eg : if your wife has written that it was a deliberate hasty decision or something on those lines it may help you mitigate the effects of her subsequent case. Nothing further.

Good Luck !

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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Raj Kumar Makkad (Adv P & H High Court Chandigarh) 28 November 2012

Your wife can again file the similar complaint against you as the withdrawal is not a bar but it is better to obtain the entire record from police station so that the same is used by you as and when required.

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Samuel (CEO) 29 November 2012

Thanks Mr Bharat and Mr Rajkumar,

I have to file RTI to know the complaint, but when my wife closed comaplint by mentuioning that she wants to close the issue amoung families...., but I know my wife family are fox they act cruely when I move something.