I am looking at one interesting matter. Below is a brief of a matter:
- Wife has filed complaint to Women's Grievances Redressal Cell in October 2012.
- Wife filed private case u/s 156(3) of CrPC against husband and his family in November 2012.
- Counselling at Women's Grievances Redressal Cell finished in first week December 2012 without compromise.
- Wife returned to matrimonial home in last week of December 2012 after compromise outside.
- Wife once again deserted husband in second week of Jan 2013.
- Court ordered report from Police u/s. 202 in Feb 2013 for a private case filed by wife as referred in point (2) above.
- In March 2013, with the help of corrupted Police wife lodged FIR u/s. 498a,406 and oth. against husband and family. Innocent family members got arrested based upon this complaint/FIR.
- Private case filed u.s 156(3) is yet to be disposed by Court however Police is now filed Chargesheet and State vs. husband case has started already after framing of charges. I am having confusion if Police is acted correctly by taking wife’s complaint u/s 154 of CrPC when matter is still pending in Court for disposal? Does the act from Police is legal in this case as per law.