Legal Question in Criminal Law in India

Dear Sir/Madam,

I got married in 2004 and having one daughter who is 6 years older, due to some marital dispute I filed a divorce case in lower district court in my hometown Madhubani, Bihar in the year April,2009 which has been transferred to Ghaziabad local court by intervention of Honorable Supreme Court of India as desired by my wife.

Also my wife counterfiled a dowry case involving 4 members including me in the year July,2009 applying Indian IPC 498 A & 379, in which we all hardly got bail and under process in my hometown district court Madhubani, Bihar.

Again in the same year one of my elder borther in-law filed a criminal case applying Indian IPC 498 A, 323 & 506 in the year September,2009 in local police station in Ghaziabad against 6 members including me. I mean this time they tried to involve 2 more members of my family which is at present under CJM Ghaziabad Court and few days back we have received a notice.

In this situation I want to know that can one make a dowry case against the same persons or altering/varying few names in one or more courts at the same time/year as applied against me.

Secondly, can we file a case for stay of these cases in High Court Patna/Lucknow or for any one of them.

Or shall I have to get bail this time also.

Also one more suggestions requested that what precautionery measurement to be taken from my side to resolve all these issues.

Your kind anticipation is requested.

Thanks and regards.

Praphull Jha


Asked on 11/06/11, 10:45 pm

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

Mr Jha: You may approach the concerned High Court for quashing of the 2nd complaint,if you are already facing trial in the first complaint on same allegations.

Suggestion: You should make all out efforts for an amicable out of court settlement.

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Answered on 11/07/11, 8:21 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

You would have to compromise the matter with her, sign a MOU and then file quashing of the FIR's aginst all of you as the HC will not quash the FIR without her consent and simiultaneously move for divorce by mutual consent u/s 13B HMA. For clarifications feel free to contact the undersigned.

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Answered on 11/12/11, 5:28 am


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