Neeraj1981 (NA) 09 June 2013

498a withdrawn and then re-filed to create jurisdisction

Dear All,

Please help me with this 498a query. Brief of the case - I got married in Haryana in 2009 whereas my wife is from Kanpur. Both me and my wife were working and residing in Mumbai from before marriage and till date. We got seperated in 2010. My wife's father filed 498a against me and my family from kanpur. Since there was no allegation in the complaint which related to kanpur, the MM in kanpur court asked the girl's side to explain as to how kanpur is the jurisdiction.At this, they withdrew the case stating that they do not want to proceed with the case without giving any reason. But after a month, her father again filed 498a against me and my family members and this time they have changed the allegations in the complaint and mentioned lot of cruelty incidences of Kanpur so as to create Kanpur jurisdiction. A mere reading of the two complaints makes it clearly visible that the new case is filed to fill the lacuna and defects in the earlier complaint and it completely changes the nature and character of the complaint and is prejudice to opposite party. The only motivation to withdrew first complaint and file second one was to create Kanpur jurisdiction. We filed for quashing in allahabad high court. The court directed us for mediation and currently the mediation process is undergoing. My query is : (1) is there any judgement similar to this where such types of re-filling was done which changes the nature of complaint/cause of action drastically but was later disallowed by high court/Supreme court. Thanks, Neeraj

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3 Replies

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 09 June 2013

You make haste in going to higher courts and than miss many chances in lower court.

Where ever you go ultimately you will be directed to lower court.

So put proper efforts at lower court and you can win the case easily.

Adv Archana Deshmukh (Practicing Advocate) 09 June 2013

If the HC quashes the FIR its OK but even if it does not the filing of the previous FIR and the improvements made in the subsequent FIR will help you in the trial to falsify the prosecution story.

Neeraj1981 (NA) 11 June 2013

Hello Archana madam, thanks for the reply. However, there is no FIR involved. My wife's father has given statement u/s 200 and witness statement (my wife and mother in law) u/s 202 in front of MM. Since there was no allegation in the complaint which related to kanpur, the MM in kanpur court asked the girl's side to explain as to how kanpur is the jurisdiction. At this, they withdrew the case stating that they do not want to proceed with the case without giving any reason. But after a month, her father again filed 498a against me and my family members and this time they have changed the allegations in the complaint and mentioned lot of cruelty incidences of Kanpur so as to create Kanpur jurisdiction. On receiving the summons, we applied to Allahabad HC for quashing due to lack of jurisdiction (as per certified copy of the first statement) and amendments done in 2nd statement to create jurisdiction. Since there is no provision in the Crl. P.C. which allows applicant to amend her application which changes the basic nature of the complaint or to fill in the lacuna in the original statement, i need help on this. PLease help me with some judgement similar to this where such types of re-filling was done which changes the nature of complaint/cause of action drastically but was later disallowed by high court/Supreme court. Thanks a lot, Neeraj