2nd complaint on same grounds in another state
pramod
(Querist) 14 May 2016
This query is : Resolved
I just need an guidance on a complaint case going on against me in Delhi Court u/s 323
At present the cross examination of the complainant is going on (244 crpc).
Just guide me what is the best appropriate stage to file Discharge application before Charge.
Can accused be discharged before making any Charge on the ground that Same type of Complaint was filed by the complaint earlier also in Jaipur Rajasthan where i appeared but later we settle the matter and even paid the amount settled between us to compromise before the Magistrate.
The story of the complaint is same as before but hide the previous complaint case of Jaipur.
Thanks in advance for your kind guidance.
DR. DIMPLE JINDAL (ADV.)
(Expert) 14 May 2016
This is a clear cut case of Resjudicata. One can not file the same case again in any court of India including Supreme Court of India on the same subject matter and between the same parties, if the matter is resolved or settled in any previous court, provided that the previous court should be competent to adjudicate on that matter. You can object this under resjudicata.
P. Venu
(Expert) 14 May 2016
"Same type of Complaint "? Is cause of action the same? This is unlikely since the case is in progress in a different jurisdiction.
No definite opinion is possible unless the complete facts are disclosed.
pramod
(Querist) 14 May 2016
Dear All,
Yes, it is ditto same complaint and concealing the previous one and compromise thereafter. We never ever met after that dispute.
Dr J C Vashista
(Expert) 15 May 2016
I also agree with the expert advise of Mr. P Venu, there cannot be two complaints/FIR for single "cause" at different places where cause of action shall determine jurisdiction of court to try the complaint.
Some vital information is missing from the post.
Consult a prudent local lawyer with case file for proper analyses, opinion and advise.
pramod
(Querist) 15 May 2016
Dear learned members,
Actually, the complainant withdrew his complaint (which was in initial stage) in previous court on the basis of compromise deed recorded in the court. Then he shifted to a new place and against complained on the same ground.
DR. DIMPLE JINDAL (ADV.)
(Expert) 15 May 2016
complaint withdrawn on the basis of compromise can not be called upon for re-trial on the same facts. But a withdrawn suit with liberty to file a fresh suit does not bar to file a fresh suit upon the same facts. In your case, the case is covered under the Principal of "Resjudicata" and you can take the shelter of this Principal.
Dr J C Vashista
(Expert) 16 May 2016
@ Parmod,
Do not post the events, statements and averment in bits and pieces, it is bad manner, the experts are obliging by providing you best of their services "Free of Cost" at their own time, efforts and intellect.
Close this thread without waiting any other comment from expert(s).
