• Can same complain be lodge from two thana

My Wife has lodge complain in Mahila Thana Hazaratganj Lucknow in 27 July 2017. On basis of that I with my Parents appears befor Lady S.O. she has listened to both side on 3 sitting first on 30 july, second on 06 august and last on 13 august 2017. on last day S.O. has asked wife and her family to compromise with us or complain will be closed.. they refused to do so and S.O. at mahila thana has closed outr complain and didnt filled any FIR againts us. after that Wife has filed a another FIR u/d 498a 323 506 504 Dowry Prohibitation Act sec 3 and 4  at thata thakurganj Lucknow and also filed a case in court under DV Act 2005. in any of above docunent she has never mentioned the sitting of Mahila Thana Apoearance.

I have applued for Quashing of FIR in hight court

I want to ask following question..
1. Can She file FIR from another thana as above by hiding fact. and should I write an application to SP and Thana Thakurganj For informing about Mahila Thana Sittings.

2. as she has shown the occurrence of voilance in my town then should FIR be transfer to my town or not and  if yes what is the procedure.

3. her domocile is Unchahar. her Adhar card account statment, her birth her schooling even marrige ceremony all thing happens in unchahar even this time she is workin in unchahar too only on dates she comes to lucknow and after that goes back. her relatives house is in lucknow and on basis of that she has file case from lucknow. Can I challege her juridiction as UNCHAHAR comes under Raebareli..

Please advice accordingly..
Asked 1 year ago in Family Law from Fatehpur, Uttar Pradesh
Religion: Hindu

1. if she has stated cause of action within the jurisdiction of another thanna then certainly another complaint in another police station will lie.

2.if most of the alleged incidents appears to have been occurred within jurisdiction of another police station then the FIR can be transferred to that police station for further investigation.

3. yes, you cna challenge the jurisdiction issue in your quashing case though the same is not for quashing alone.

Devajyoti Barman
Advocate, Kolkata
14647 Answers
203 Consultations

5.0 on 5.0

Respected sir..

1-she can not file 2 fir from different police station as the second one will automatically be quashed...It will be benifit for you just take copy of FIR of women cell that will help you and if other official of 2nd police station will ask you to come just go with that FIR..

2-no fir should not be transferred to your town she has right to lodge it at two place one at place of occurrence second where she is residing..

3-if she is living there for a long time you can not challange this she will just show you rent agreement of last couple of days no need to do that just fight with her in her way ...

Till today your part is strong..

Thanku

Dinesh Sharawat
Advocate, New Delhi
742 Answers
3 Consultations

4.9 on 5.0

1. A Complaint/fir emanating from the same set of alleged offences, cannot be filed at two separate police stations. It is not a hit and trial, that you first try at one PS and after failing there, you attempt to lodge a FIR w.r.t. to the same set of allegations before the second PS. Take this defense in your FIR quash petition.

2. In this case, the FIR couldn't have been filed only at Lko. Take this ground as well for FIR quashing.

3. No. FIR ought to have been filed within the territorial limits of the place where the offences have said to have been occurred.

Vibhanshu Srivastava
Advocate, New Delhi
7474 Answers
88 Consultations

5.0 on 5.0

You can inform local police station that earlier complaint filed by wife has been closed

2) zero FIR can be lodged at any police station

3) it can be transferred to the l Police Station having competent jurisdiction after investigation and filing with a magistrate.

4) if no part of cause of action has arisen in Lucknow you can challenge jurisdiction of Lucknow courts

Ajay Sethi
Advocate, Mumbai
54250 Answers
3256 Consultations

5.0 on 5.0

1. If you have preferred a petition for quashing the FIR and that is enough you do not have to invoke the jurisdiction of some other official.

2. Criminal matter can be transferred if the same has been filed in wrong jurisdiction, wrong jurisdiction means the where the cause of action did not take place. Since the SC has held that matrimonial disputes are continuing in nature therefore it will be difficult for you to get the case transferred.

3. As said earlier raise all these pleas before the High Court in the petition where you have challenged the FIR, the bench at the Allahabad High Court sitting in this jurisdiction is a good bench and I am hopeful that the investigation will be stayed.

Regards

You may contact me if some further help is required or you need services of my team in pursing the case for you.

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

Dear Client,

I have applued for Quashing of FIR in hight court

I want to ask following question..

1. Can She file FIR from another thana as above by hiding fact. and should I write an application to SP and Thana Thakurganj For informing about Mahila Thana Sittings. --- That fact is of no relevant as police has not taken her FIR. U can tell both SP & thana, but wont effect here cases filed in court and PS.

2. as she has shown the occurrence of voilance in my town then should FIR be transfer to my town or not and if yes what is the procedure. -- U can file for quashing of FIR as the allege offense is committed at ur place. Court either will quash the FIR or will send the particular thana. Even Thana will also transfer FIR to particular thana

3. her domocile is Unchahar. her Adhar card account statment, her birth her schooling even marrige ceremony all thing happens in unchahar even this time she is workin in unchahar too only on dates she comes to lucknow and after that goes back. her relatives house is in lucknow and on basis of that she has file case from lucknow. Can I challege her juridiction as UNCHAHAR comes under Raebareli.. - her cases are maintainable at ur places only,

Yogendra Singh Rajawat
Advocate, Jaipur
6468 Answers
5 Consultations

4.7 on 5.0

Hi , she can file case at her matrimonial place , place where her parent resides/ native place, or where she last resided after the marriage .. Therefore Lucknow is not the place of jurisdiction ..since her earlier complaint has not be entertained by police , there are positive chances that the FIR will get quashed in high court

Hemant Chaudhary
Advocate, Gurgaon
3923 Answers
17 Consultations

4.9 on 5.0

I want to ask following question..

1. Can She file FIR from another thana as above by hiding fact. and should I write an application to SP and Thana Thakurganj For informing about Mahila Thana Sittings.

No doubt she cannot approach a different police station seeking the same relief if one police station refused to register the false complaint, she has the right to approach the higher police officer or the court to redress her grievances or further remedies.

2. as she has shown the occurrence of voilance in my town then should FIR be transfer to my town or not and if yes what is the procedure.

You cannot ask the police to not to register the same, but you can fight against it by filing a petition before high court on such false cases seeking to quash on merits supported by documentary evidences in your side.

3. her domocile is Unchahar. her Adhar card account statment, her birth her schooling even marrige ceremony all thing happens in unchahar even this time she is workin in unchahar too only on dates she comes to lucknow and after that goes back. her relatives house is in lucknow and on basis of that she has file case from lucknow. Can I challege her juridiction as UNCHAHAR comes under Raebareli..

You can challenge the same in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

You know only bride & bridegroom places are liable for case in matrimonial disputes & no body can file FIR in family disputes without complaint case. Why did you go High Court you can file Sec 9 & also defamation cases against her & her family.

Ankur Tiwari
Advocate, Lucknow
2 Answers

4.0 on 5.0

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