Adv. Subhadeep Saha (Lawyer.) 12 February 2011

Domestic violence.

Can a complaint be filed against the accused under the Domestic Violence Act,2005 after the accused has been charge sheeted(trial not started yet) u/Sec. 498-A of IPC for the same cause of action? Is it maintainable?

Reply Follow

14 Replies

Gundlapallis (Advocate) 12 February 2011

Yes, it is maintainable.

Tajobsindia (Senior Partner ) 13 February 2011

@ Author

No
Soft reasoning:
It gets hit by 'double jeopardy'.

Out of Court (Consultant) 13 February 2011

yes it is maintainable......................

Democratic Indian (n/a) 13 February 2011

"double jeopardy" i.e. covered by Article 20(2) of Constitution is not applicable, since trial is not completed. Hence it is very much maintainable.

1 Like

Suchitra. S (Advocate) 13 February 2011

No double jeopardy applies here. Case maintainable.

G. ARAVINTHAN (Legal Consultant / Solicitor) 13 February 2011

Both are different - Dowry and Domestic Violance.. Even Violance is made for demand of dowry, it is specific and different. so maintainable

N.K.Assumi (Advocate) 13 February 2011

Victim cannot seek remedy under two different enactments for the same cause of action.

Arvind Singh Chauhan (advocate) 13 February 2011

Though Tajobsindia and asusumi Sir is right, but Section 5 (e) of DV Act allows it. I think Law should be amended.

prabhakar rao j (xxxxxxxxxxxx) 13 February 2011

Aggreived female is having right to file an application under DVC Act or 125 CrPC in addition to criminal case u/s.498 A IPC. There is no bar in law.

Adv. Subhadeep Saha (Lawyer.) 13 February 2011

Thanks to all members for sharing their valuable opinions.

But my question lies in the answer of Mr. Arvind. Sec.5(e) of DV Act allows an aggrieved person to file a criminal case u/Sec.498-A of IPC after filing a complaint under Domestic Violence Act. But whether vice-versa is allowed/maintainable? That means first filing a 498-A case and then a complaint under DV act? That is what I want to know.

WHATSAPP 91-8075113965 (advocate) 13 February 2011

first of all, double jeopardy, is not at all applicable, as the matter is still pending.

sec. 300 crpc, (which is synomous to Art. 20(2), of indian constitution ) comes in to operation , only in cases in which where the accused either convicted or acquitted.

secondly, it is maintainable, because, both are under different enactments and prayers are different.

Gundlapallis (Advocate) 14 February 2011

498A seeks punishment and DV Act gives a relief - just similar to 138 NI Act and a civil remedy for recovery of the debt. Punishment for crime and releif for suffering.