Deeps (Software engineer) 05 January 2010

498a filed after losing DV

Hi I am a frequent visitor to this forum and got so much information on 498a,DV,dowry related problems,RTI...etc. Thanks for all those who is responsible to create this site and keeping this very active. I have a query though...

" I have read from one of the source that a Person cannot be booked in two cases for same charges..I mean a person cannot be booked on DV and 498a if the charges are same. is it true? what if a person is implicated in false DV and later implicated in 498a after winning DV, here the charges are same. Can he go for quashing 498a giving the acquitting order of DV? " Need a legal options here

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3 Replies

Suchitra. S (Advocate) 05 January 2010

Remedies available for the offences stated are different and so, one cannot be quashed as the other is decided. Once the case is filed, proceedings has to take place seperately.

Arvind Singh Chauhan (advocate) 05 January 2010

I think Suchitra is right. It is clearly provided in DV Act that nothing in DV Act can preclude women from filing application under 125 Cr.P.C. and complaint for 498A.