Reopening of a cse already compounded
rajnish tiwari
(Querist) 05 March 2014
This query is : Resolved
wife files false case under 498A, sec 3/4 dowry prohibition act and then does second marriage without getting divorce. A kid is bornt from second marriage and then she seeks divorce from first legal husband. Husband after knowing this fact files case under Sec 494 and chargesheet is filed which is silent about the kid and second husband. Wife deports in family court that child was dead and was from first husband himself.
Twist comes and legal husband is convinced by wife that she has been blackmailed and physically abused by the second guy and is innocent. Husband compounds case while wife pleads not guilty during the process.
Section 498A case results into acquittal as prosecution fails to prove charges.
Later on husband comes to know that wife has manipulated facts to safeguard herself and her paramaur from clutches of law.
Divorce is still pending.Husband has secured irrefutable proof of marriage as well which was not there when previous chargesheet was filed.
Can the bigamy case which is already compunded be opened after this new revelation? where to approach for the same. New FIR or the court where case was compounded? Will the court entertain the plea to reopen that case?
497 will apply on paramour but real issue is 494. Please suggest.
T. Kalaiselvan, Advocate
(Expert) 05 March 2014
You have not at all stated that whether 494 case was compounded or not, your query is not proper, please give some more details for a proper answer.
rajnish tiwari
(Querist) 06 March 2014
Dear Mr Kalaiselvan........I am talking that 494 has been compounded and looking for ways to reopen the same.
Last para of my queri reads ........
Can the bigamy case which is already compunded be opened after this new revelation? where to approach for the same. New FIR or the court where case was compounded? Will the court entertain the plea to reopen that case?
Bigamy falls under sec 494 IPC, isnt it?
T. Kalaiselvan, Advocate
(Expert) 06 March 2014
If you say that the 494 case was compounded, it was at the behest and consent of the defacto complainant, i.e., the first husband or the only valid husband. Now since he volunteered to dispose the case where is the reason or him to reopen the case. The offence under 494 case will be prosecuted by state (police) and not by an individual, and the state will take up the case on the basis of complaint lodged by the defacto complainant, so you will subsequently find lot of developments,do you think you can approach the police every time there is a development or to wreak vengeance on them whenever you get disturbed over the thought of deception by them, if you are still not convinced, you may approach the same police station with fresh complaint.
