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Can a case of adultery be refiled after being withdrawn


25-Apr-2023 (In Criminal Law)
Hello sir. Need some help from your side.One of my family friends file a divorce case against his wife.In the family court on the basis of adultery.And he put me there as a third party.And he also file a adultery case in criminal court against his wife and me. But now both of them are going to sign a document in which both of them were agree to live with each other for next two years and give each other another chance.After two years if they found that they can't manage to live with each other. Then any one of them can file a divorce case again.And because of this agreement.The husband is agree to withdraw both the cases.The divorce case and the adultery case in criminal court.So I want to know Sir.That after two years can ipc and Indian law allow that guy again to put a adultery case in criminal court against me. Cause a judge who is my friend told me that if he withdrawal the adultery case this time. Then according to law he never file a adultery case against me in future.I am Hindu
Answers (3)

Answer #1
819 votes
Looking to the fact of the case, it is very much obvious that he cannot file the case on repetative allegations. Another thing is that you should also execute an agreement on notarized stamp putting up the condition of not filing any other case on any other allegation along with no cliam shall be taken against you.
Answer #2
721 votes
Adultery pertains to criminal nature if on that particular cause once the criminal proceeding is withdrawn on whatever ground then it can't be restored and the accused can't be prosecuted again.
Conclusively you can be prosecuted again for the same cause or withdrawn proceeding.
hence case can't be refiled again.
Answer #3
756 votes
Yes, If he withdraws his complaint based on whatever reasons then he cannot file the same based on same cause of action. But in these two years if again you get involved again then he will also get right to file adultery against you and his wife.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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