Neeraj1981 (se) 14 July 2013

Amendment of complaint in 498a

Dear LCI experts,

Can a complaint filed under Crpc 498 be amended? My wife (residing and working in Mumbai) filed 498a case from her hometown (Kanpur) but since there was no cause of action related to Kanpur, the magistrate asks her to explain as to how Kanpur is the jurisdiction and made a note of this in writing. At this, she withdrew the complaint stating that she does not want to go ahead with the case. Later after one month, she re-filed 498a and this time she changed the statements in her 498a complaint and stated "cause of action" of Kanpur so as to make Kanpur as the jurisdiction. I have read that "amendment to cure defect and lacuna in crpc cannot be allowed". My query to the LCI experts are (1) Is there any judgment/citation which clarifies that statement made in a criminal case/498a cannot be amended if it changes the nature of the complaint or is done to fill in the lacuna. Thanks

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5 Replies

(Guest)

@ Neeraj,

498A is non compondable,your wife can't withraw the case and file again it has too be go on whatever it 's descion taken by judge.If she is doing you can get trough it by charging her in false cases.It good to you that she had made a wrong step involving herself in perjury.Hire a good lawyer he will get you out of this as you have got a plus point in this false 498a case.

Regards,

A sufferer...

Neeraj1981 (se) 14 July 2013

@Sufferer

I have already applied in Allahabad high court u/s 482 for quashing on the grounds that "amendment to cure defect and to fill lacuna in crpc cannot be allowed". In my case, amendment has been made to create jurisdiction and kanpur court should not have any jurisdiction as there is no cause of action in the original complaint. Please help me if there any judgement which clarifies that statement made in a criminal case/498a cannot be amended if it changes the nature of the complaint. Thanks a lot

(Guest)

@neeraj,

If your wife has withdrawn the case for the mere fact of jurisdiction then it comes under perjury.It can be challenged on the ground that 498a is a cognizable and non compoundable case how could the pettitioner would forget to describe the cause of action as it is the base of the case.It seems a cat without milk in the kitchen. I.E, BASELESS STORIES OF 498A.

You continue with your 482crpc and collect some more proofs and evidneces against her.For this type of judgement i have not come trough it but you can find out on indiankanoon.com.

regards,

A sufferer...

Adv Archana Deshmukh (Practicing Advocate) 14 July 2013

@ Neeraj1981

It is not an amendment but your wife has filed a fresh complaint. Get the cerified copy of the earlier complaint that she had withdrawn. It will help you in quashing to show that she had done it merely to harrass you.

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Neeraj1981 (se) 14 July 2013

Thanks Adv Archana. I have already got the certified copy of the earlier complaint that she had withdrawn . Further i have submitted this certified copy with my application u/s 482 filled in allahabad high court. However, i am looking for some citation/judgements similar to my case where the high court/Supreme court has not allowed such fresh cases with amendments and have quashed the same. Please help me with this.