Is it possible to file 498A IPC case with police if S. 125 CrPC already pending?

[Anonymous]

If a person is already facing a maintenance case under Section 125 of the Cr.P.C., is there any possibility that a separate case can be filed against him under Section 498A of IPC in the police station?

[Dr. Ashok Dhamija]

Yes, it is possible to file a separate case under Section 498A of IPC, while a case under Section 125 of the Cr.P.C. is still pending in the court.

Please appreciate that proceedings under Section 125 of the Cr.P.C. are for maintenance, i.e., a monthly allowance to be paid to the wife for her sustenance. It is quite different from an offence under Section 498A of the IPC.

If an incident has taken place wherein the ingredients of the offence defined under Section 498A of the IPC are satisfied, then such an offence can be registered, irrespective of whether any proceedings under Section 125 of the Cr.P.C. are pending in court between the same parties.

In fact, in a large number of cases, in practice, cases under Section 125 of the Cr.P.C. as well as Section 498A of IPC are conducted simultaneously.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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