Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Jathin Aggarwal   02 August 2022

SC QUASHED Sec 376, Can It Be Reopen under Marital Dispute With Wife?

The 5 month back, in the front of Supreme Court Judge my wife given the statement that I am happily married to accused (husband) and I am not interested to continue the case Sec 376 (Fall promise of marriage) and 420 against my husband. Supreme Court Judge quashed my matter bases on her statement under compromise ground.

Under matrimonial dispute Now my wife torturing and frequently threatening me that she will reopen the quashed cases by supreme court. If i do not plan child with her immediately. I tried to explain my wife that i want to concentrate on my career and financial I want to be strong before having a child. But she is not having trust on me.

Question 1:-
Is it possible for her to reopen the quashed cases my supreme court.

Question 2:-
What steps I should take, case sec376 not to get reopen in supreme Court?

Kindly advice


Learning

 1 Replies

Swadha   03 August 2022

1) It is the highest Court of the land and once matters are compromised before the Hon’ble Supreme Court it cannot be reopened at any cost. However, she can file other cases like Domestic Violence, 498A of IPC and under Section 3 and 4 of Dowry Prohibition Act and you have to suffer a lot. Better agree to her terms and accordingly proceed.

2)  You need not take any steps and it is for her to take steps but nothing is left out to reopen such a case.


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