Ravi Dalvi
Asked September 09, 2016

Two cases for same offence

  • 1 Answer
  • 763 Views

Two cases for the same offense under 498A: one is private complaint in the court and second one is registered in the Police station. FIR register, charge sheet is submitted in the court but private complaint is pending, although, both the case allegations are totally different, my question are both cases quashed or any other solution? 

Answer 1

Dear sir/madam,

According to our understanding of the question, there are two cases under the same offense of 498A - one is private complaint and second is initiated through an FIR.

We have a settled law in this regard i.e. Section 210 of Code of Criminal Procedure Act, 1973 that talks about the “Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.-

(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.”

Which is what might have happened in your cases and the reason why the private complaint is still pending. Also, if by following the above procedure, as stated under section 210, when the magistrate finds out that the averments, facts and circumstances involved and the parties in both the cases comes out exactly to be the same then he clubs the both the matters into one and continues as one single case.

Section 223 of The Code Of Criminal Procedure, 1973 has also got something to say here. It emphasizes on the point that persons who are accused of committing different offences  but are in the course of the same transaction may be charged jointly.

However, when it comes out to be otherwise, then both the trials continue as two separate cases. Therefore, both the cases don’t get quashed together.

Agree Comment 0 Agrees almost 4 years ago

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