In this matter, a complaint was made to the police for registeration of FIR against the family of husband on grounds of cruelty. The police proceeded with prelimenary inquiry and sent the file for opinion of the District Attorney, who opined that as there was a settlement between the parties and no change of circumstance has come up, no prima facie offence u/s 498A is made out.
The complainant moved application to S.S.P to have the matter re-investigated and the same was marked and this time the Deputy District Attorney suggested registeration of FIR as offence was found to have been committed. (After the earlier District Attorney retired)
Can the police proceed with re-inquiry on a prelimenary inquiry on an application by complainant ?
Legal opinions are meant for guidance of the authorities ; they are not binding.
