Hi All,
Wife filed CrPC-125 case at her place stating allegations (all are false).
The maintenance case ground is alleged crulty and harassment at husbnad's palce.
Can husband file criminal case against the wife saying that wife is attempting to extort money from husband illegally by fabricating the false complaints/petitions.
My referece to make such complaint would be as below:
In Upkar Singh Vs. Ved Prakash & Ors. (2004) 13 SCC 292, this Court (Supreme Court) considered the judgment in T.T. Antony (supra) and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the court. What had been laid down by this Court in the aforesaid case is that any further complaint by the same complainant against the same accused, subsequent to the registration of a case, is prohibited under the Cr.P.C. because an investigation in this regard would have already started and further the complaint against the same accused will amount to an improvement on the facts mentioned in the original complaint, hence, will be prohibited under section 162 Cr.P.C. However, this rule will not apply to a counter claim by the accused in the first complaint or on his behalf alleging a different version of the said incident. Thus, in case, there are rival versions in respect of the same episode, the Investigating Agency would take the same on two different FIRs and investigation can be carried under both of them by the same investigating agency and thus, filing an FIR pertaining to a counter claim in respect of the same incident having a different version of events, is permissible.
