Use of crpc 300
Querist :
Anonymous
(Querist) 10 April 2021
This query is : Resolved
If wife filed 2 false harassment cases of 498a and domestic violence against husband and his family and after that husband side has won the domestic violence case with the help of crpc 256 and if substantial offense are same in both case then in those situations is it possible for husband side to end procecution of 498a taking shelter of crpc 300 as they have won a case with same offense in other court ??
SHIRISH PAWAR, 7738990900
(Expert) 10 April 2021
Hello,
As per my opinion, even if you have won the domestic violence case you cannot get the acquittal as per section 300 of crpc in 498A case filed by the wife. You have to fight out the 498A case as per the merits of the case.
Querist :
Anonymous
(Querist) 12 April 2021
I want more reply from advocates too so please put your answer here...nowadays it is a common problem for husband side when they have to face full package of false cases so the answer may be useful for many..
ashok kumar singh
(Expert) 12 April 2021
You may prefer quashing application under Section 482 of the Criminal Procedure Code' 1973, before the concerned High Court having jurisdiction, otherwise face trial of your 498A case before the Learned Magistrate.
Thanks
ashok kumar singh
(Expert) 12 April 2021
Read very carefully ________________
Section 300 in The Code Of Criminal Procedure, 1973
300. Person once convicted or acquitted not to be tried for same offence.
(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub- section (1) of section 221, or for which he might have been convicted under sub- section (2) thereof.
(2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub- section (1) of section 220.
(3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last- mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted.
(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first
tried was not competent to try the offence with which he is subsequently charged.
(5) A person discharged under section 258 shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first- mentioned Court is subordinate.
(6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897 , (10 of 1897 ) or of section 188 of this Code. Explanation.- The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section. Illustrations
(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust.
(b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.
(c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B.
(d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the cage comes within sub- section (3) of this section.
(e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts.
(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts.
NOW IN YOUR GIVEN FACTS OF QUERY _______
Charges of offences took place in your 498A Case
and not in Domestic Violence application.
The Case of Domestic Violemce is an application and the result of social legislation. Whereas the case for Offence under Section 498A of IPC is a case under the provisions of the Cr.P.C.
therefore the provision of Section 300 of Cr.P.C. is not applicable in your given circumstances.
However on your given reasoning you better place your application for quashing under Section 482 of Cr.P.C. before the Hon'ble High Court having jurisdiction.
Thanks
