vishak (manager) 19 July 2013

Multiple 498a by single wife

Dear

Before one year 498a and 406 was filed against me and after police investigation and her bayan, FR (cleanchit) filed to court. It was protested by her and still cognigence is not taken i.e still it is under protest.

Now before 5 days, she filed another false 498a mentioning that in last one year i beated and asked for dowry etc.

The fact is that since last one year i never contrated /seen her.

Please guide me weather it is possible to file anothe case (Based on little different facts) under 498a in above circumstances when i was not living with her at all ?

thanx

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17 Replies

nilay (oe ddata) 19 July 2013

Don't ignore make afidavite for both copy of 498 And tell to ur vakit make step for harressment to u and provide and ask ans from court why this all running

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 19 July 2013

In a first, the Supreme Court permitted settling of cases under Section 498A of IPC lodged by a woman against her husband and in-laws for alleged cruelty in her matrimonial home.

Though it was enacted to protect women from harassment and cruelty, there has been judicial recognition of the fact that on several occasions, false complaints under Section 498A were filed to teach the husband and his relatives a lesson as these cases were non-compoundable and bail was difficult to get. You can settle the matters in mediation centres.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 July 2013

Dear Querist

the principle of Double jeopardy will be applicable here and the second complaint will not be treated filed/lodged by your wife, only the complai/FIR which is pending before the court can be entertain by the court.

prithvi kiran (Advocate) 20 July 2013

Double jeopardy is not applicAble, as there aretwo complaints on two different set of facts !

prithvi kiran (Advocate) 20 July 2013

Double jeopardy is not applicAble, as there aretwo complaints on two different set of facts !

Sudhir Kumar, Advocate (Advocate) 20 July 2013

if there are two complaints of committing same offence twice then there is no double jeoparady.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 July 2013

When you are called for the IO, just tell him that the case is already pending in court of law, as the case is not finally decided by court, there can not be a fresh FIR.

Regards,

Shonee Kapoor

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Handphone: +91-8010850498
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If you don't fight for what you want, don't cry for what you LOST.

1 Like

vishak (manager) 22 July 2013

Thank alot.

I am called by IO and i will explain the same.

Suppose this second 498a is closed , then can on this basis devorce should be filed and will it be a cruelty caused to me.

Sudhir Kumar, Advocate (Advocate) 22 July 2013

yes you can seek divorce on the fall of hammer of closure of first allegation so that she does not drop second one and puts a sound energy on the same.

vishak (manager) 23 July 2013

Thanx sudhir g and all.

vishak (manager) 31 July 2013

IO called and noted all things but finaly it seems that challan would be forwarded to court containing my name.

Now firstly i applied for AB.

Can a discharge application be filed under 239 crpc at this stage or what should i do ?

vishak (manager) 02 August 2013

Dear experts please guide me weather in the second 498a where challan is presented by IO having my name, can a discharge application under 239 crpc can be made as first 498a is pending before the same court ?

Thanx