Legal Question in Criminal Law in India

Criminal law 482 Cr.P.C

My wife filed a case u/s498a,313,506,34 I.P.C against me and my family in kalyan court u/s 156(3) on 22-2-2007 and case was subsiquently rejected by the Ld.C.J.M on the ground of jurisdiction.After some days my mother-in-law files another case u/s498a,323,326,328,313,315,148,457,147,427,504,506,120B I.P.C against me and my family by colouring the same cause of action and upon the same court by supressing the previous one.Whether this 2nd case is tenable? Whether i can file quashing? Which one is better for me? Please suggest some relevent case laws.


Asked on 4/09/09, 10:50 am

5 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Criminal law 482 Cr.P.C

The facts stated by you are not sufficient for an appropriate advice. The previous order of discharge may need to be perused.

Even if the second case, filed by a different person, may not be tenable; she may always file a case in the court of competent jurisdiction.

Thus that is not the end of dispute. You may better consider an amicable out of court settlement to avoid wastage of time and money in litigation.

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Answered on 4/09/09, 4:58 pm
Pranav Desai PD Legal & Associates

Re: Criminal law 482 Cr.P.C

Yes you can file for quashing

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Answered on 4/13/09, 5:25 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Criminal law 482 Cr.P.C

By reading the petition complaint and without adding or subtracting anything therefrom, if no offence is made out, it can be quashed.

Case laws depends on facts of the case. Consult your lawyer with petition of complaint and other material placed before the court.

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Answered on 4/10/09, 3:08 am
KLA RANU RANU LAW ASSOCIATES

Re: Criminal law 482 Cr.P.C

File a criminal application u/s 482 Cr.P.C.before Bombay High Court and get the said case quashed.

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Answered on 4/10/09, 5:29 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Criminal law 482 Cr.P.C

try quashing of complaint

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Answered on 4/10/09, 8:06 am


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