bpsy_ndls 30 July 2017

498a filed under 156/3 rejected by session court

I got merried in may 2014, My wife stayed with me at my parental home for 5 days with very miscelaneous behaviour.
After five day when I was travelling with her to go to may work place she called her uncle at destination railway station and left for her home. We tried to bring her back but she denied.

After one year she filed a 156/3 complaint in session court under section 498A, 377,406, 34 with a prayer to send the same for investigation to the concerned police station against me and my family members. Court only summoned me and excluded other family members.
I filed criminal revision againt the complaint on contrary she filed revision to include other family members who were not summoned.

Later she also filed DV, Divorce and intermim maintanance case.

Finally on 6th Apr 2017 court accpted my revision and dismissed her main application as well as revsion to include other family members and directed trial court to pass a fresh judgement which is pending yet.
She went to high court for dismissal of session courts judgement. High court also dismissed her application and ordered to keep the judgement as it is.

Now she filed same complaint in Mahila Thana hiding the facts that she had already filed number of cases in court which are under trial and out of them major case of 498A & 377 has been dismissed by court. I got a call from mahila thana regarding complaint and they asked me to appear in thana.

Can a same complaint be filed again in police station which is already dismissed by session court & high court stating that
case does not require any police investigation and further trial?

Also
Can police file FIR keeping courts orders asside?

Please suggest.

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6 Replies

Mohammed Khan (Engineer) 30 July 2017

There is a latest supreme court changes release last thursday about misuse of 498A. I guess all present cases have to followed with a new procedure of investigation through family welfare committe.

1 Like

Siddharth Srivastava (Advocate) 30 July 2017

She can not file same complaint on same set of facts and police have to carry due investigation considering the court orders. You may approach high court for quashing of FIR.

1 Like

manu seth (N/A) 30 July 2017

Contact a competent criminal lawyer who would hep you in doing away with police case in case F.I.R. has been filed against you. Also, ask him to initiate criminal complaint for false prosecution against your spouse U/s 211 IPC.

bpsy_ndls 30 July 2017

I confirmed in mahila thana, it is not FIR. It is just a complaint. But per my understanding complaint should not be maintable as court has already dismissed her case filed under section 498a, 377, 406 & 34.

manu seth (N/A) 31 July 2017

Apprise mahila thana people about the fact that complaints in this regard have already been dismissed by the Hon'ble Court and carry a copy of order sheets as well. They will understand the evil design carved out by your spouse just to harass you.

Umesh Chandra 31 July 2017

You are one of the lucky few, how have got Justice. In most cases Court fails to see gluttony of the wife and fully helped them with unreasonable explanations and support of most perverse gender eccentric laws. This encourages many such greedy wives to force a divorce on husbands. It has become a tool to become rich overnight. Justice demands that no order be made to break families to make it profit making business. Rules are framed for the protection of women in society that is very valid and just but, blatant misuse of these rules ably supported by bias and prejudice court judgments cannot be justice. Judges bigotry could ruin a man’s life and destroy his family.