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DEEPAK MISHRA (assistant Professor)     28 October 2013

Can complainant reopen her case?

Sir

  • wife lodged a criminal complaint on 17-09-11 at Kasganj.
  • Police submitted FR report with xpunz report to Kasganj CJM court on 07-10-11.
  • Now we agreed on MCD on 30-10-13. She promise me that she will take her criminal case back by giving application to the CJM court in this regard before 01-01-14. (in MCD this promise is written)

My doubts are

  •  once she takes her case back at CJM court, can she again reopen her criminal case after 29-04-14 on session or high court.
  • Our divorce decree will be given to us on 29-04-14.Can she make an appeal against this MCD on or after 30-07-14?


Learning

 5 Replies

Adv. Chandrasekhar (Advocate)     28 October 2013

If both the parites perform their obligations agreed upon in the settlement for mutual consent divorce, then such MCD is not appealable and such closed criminal case is not re-openable.  But, you cannot stop any one to file a fresh complaint or file appeal against MCD.  But if she does so, both the cases will be quashed.

1 Like

Advocate Bhartesh goyal (advocate)     28 October 2013

Appeal against mutual consent divorce is not maintainable.once  your wife withdraws the case then she can not reopen the case.she can lodge another complaint on different ground.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 October 2013

completely agree with Mr. Goyal

1 Like

DEEPAK MISHRA (assistant Professor)     31 October 2013

This criminal case is 498a,323,313,504,506 & DPA 3/4 case? in this case withdrawal is possible?In this case Police submitted FR & xpunz report and wife wishes to close it without approach to High Court.

Adv. Chandrasekhar (Advocate)     31 October 2013

If wife does not file protest petition against police report and judge accepts police report, the case will be closed there itself.

1 Like

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