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Double jeopardy in crpc -Two 498-A cases by wife and In-Laws


17-Dec-2023 (In Criminal Law)
I have 2 cases: Case1:Dowry Harassment(Sections:498-A), filed in 2012, Status: DISPOSED and got ACQUITTAL in Dec2023. Case2:Suicide Abetment(Sections:306 & 498-A), Filed in 2014 Status:TRAIL yet to start. In both cases common section is 498A & leading to Double jeopardy Q. Can I approach Trail court & request to Delete 498A section from chargesheet in Case#2 ? Q. If trail court rejects, then Can I approach HighCourt & file a petition to Delete 498-A sec498-A section?
Answers (2)

Answer #1
522 votes
hi if the second FIR is also registered on the same lines as the earlier case then you could file quash petition in high court to quash the FIR as it is based on all fallse allegations and that you could also file petiton in the lower court
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Advocate Baddam Aravind Reddy

Adv. Baddam Aravind Reddy

LawRato Secunderabad | 1000+ Answers
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Answer #2
799 votes
if both cases file for the same intention or the same proof then it vl be helpful for you to direct quash the section ,yes you can approach lower court or high court to reject the 498-A.if the proof are not against you then it will easy to quash.
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Advocate Mohd Abdul Kaleem

Adv. Mohd Abdul Kaleem

LawRatoHyderabad | 100+ Answers
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