Sekar 11 November 2017

498a case complainant wife dead before cross examination

Hello All This is a peculiar case Marriage was in 1998 Separated in 2000 Legal notice for divorce sent in 2001 After 6 yrs of staying separately the father of wife filed private complaint 498a and dowry and 420 in 2006 Immediately husband filed for divorce in 2007 Wife remained abzent and divorce granted exparte After 10 yrs of filing chargesheet summons were served In chief examination father came and said his daughter died in 2008 I.e one year after divorce So what will be the fate of this case? Cross examination not started.

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vineetha12 11 November 2017

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Sekar 11 November 2017

Plz read the question before answering This is not a forum to put ads

Siddharth Srivastava (Advocate) 11 November 2017

The death of your wife would not affect the criminal case if there are other witnesses. If one witness is dead then other witnesses will be examined by the prosection.

Rajeshwer Rao (ADVOCATE PRACTICE) 23 November 2017

256. Non- appearance or death of complainant.

(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.

(2) The provisions of sub- section (1) shall, so far as may be, apply also to cases where the non- appearance of the complainant is due to his death.