Legal Question in Criminal Law in India

Cr.P.C 482

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 grund of jurisdiction.After some days my mother-in-law files another case u/s498a323,326,328,313,315,148,457,147,427504,506,120B I.P.C against me by colouring the same cause of action and upon the same court by supressing the previous one.Police has already filled a charge sheet but the charge is yet to be framed. Whether this case is tenable? Whether i can file quashing? Which one is better for me? Please suggest some relevent case laws


Asked on 4/12/09, 4:44 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Cr.P.C 482

You need to read the complaint and find out whether a prima facie case of commission of an offence is made out or not. If no prima facie case, then you can approach high court for quashing.

Read more
Answered on 4/12/09, 5:09 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cr.P.C 482

Already Replied

Read more
Answered on 4/13/09, 11:07 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cr.P.C 482

Quashing for 'want of jurisdiction' may not help you ultimately.

You may consider an amicable out of court settlement with your wife if you would like to avoid criminal prosecution.

Read more
Answered on 4/14/09, 9:17 pm
Pranav Desai PD Legal & Associates

Re: Cr.P.C 482

Yes you can consider quashing. However, the same can be confirmed only if all the papers relating to your case are read. Hence i request you to approach a local lawyer with all the papers of the case.

Read more
Answered on 4/15/09, 5:00 am


Related Questions & Answers

More Criminal Law questions and answers in India