Legal Question in Criminal Law in India

Dear Sirs/Madam,

I am Praphull Kumar Jha a Post Graduate Married in the year 2004 and my wife is also a Post Graduate, having 7 Years old Daughter.

Mine is a disputed married life and on 24th of April 2009, I filed Case against my wife in my hometown Madhubani, Bihar Family Court which later on got transferred to Ghaziabad, Uttar Pradesh Family Court after the transfer petition filed by my wife in Supreme Court as she is residing in Ghaziabad, which is under trial.

On 16th of May 2009 my Elder Brother In Law filed a Dowry Harassment (498-A) case against 6 members of my family including me in Ghaziabad, Uttar Pradesh Police Station for which now in the year 2012 we have received a warrant notice by Ghaziabad, Uttar Pradesh Court to be present before the court and for further proceedings vice versa.

In the middle on 27th of July 2009, my wife filed a Dowry Harassment (498-A) case against 4 members of my family including me in my hometown Madhubani, Bihar in Sub Divisional Magistrate Court as a counter case against case filed by me in Family Court and which was under trial for last 3 years and finally on 12th of December 2012 we got acquitted by the Judicial court in absence of sufficient witness and proofs.

Now my queries are as under:

1. Now after getting the bail in case no. 2 filed by my brother in law in Ghaziabad Court can we move for quashing of the same in Allahabad Court by showing that we have acquitted in the same case filed by my wife and as one need not to go for under trial many times in two different courts for the same reason/clause.

2. What else are the pros & cons of the same and what the best things we need to follow further? Please guide on this.

Thanking you.

Praphull Jha


Asked on 1/07/13, 5:52 am

3 Answers from Attorneys
Vishwa Arya Arya & Co.

No one can be condemned twice for the same offence. To keep the spirit alive, your remedy is to file a writ petition before High Court for quashing of Ghaziabad FIR. Such a right will not only come from Constitution of India (Double jeopardy) and also from Criminal Procedure Code. Meanwhile you may try to register a case against brother in law for your defamation and defamation of your family members. Or you may file a civil case for damages.

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Answered on 1/07/13, 6:32 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Arya

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Answered on 1/08/13, 5:09 am
Shrichand Nahar S.V.Nahar, Advocate

Read both the FIRs carefully to find out whether both pertain to same incident or incidents. If both FIRs are for same incident/s, then second FIR is liable to be quashed. You may even consider a discharge before Magistrate.

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Answered on 1/12/13, 11:09 pm


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