Private complaint on same charges after quashing of FIR on same allegation

[Anonymous]

A person filed one FIR against me under Section 420 of IPC. I got it quashed from high court. Now, that person has filed a private complaint in court on almost the same charges and allegations. Are two complaints on the same issue permissible?

[Dr. Ashok Dhamija]

It is not permissible to file two FIRs or complaints in the same cause of action or on the same allegations. Once an FIR in respect of a particular allegation has been quashed, it is not possible to file another FIR or complaint in the same matter.

So, carefully examine the contents and if the allegations are exactly the same, then you can file a petition before the high court for quashing of the complaint that has been filed on the same allegations on which the first FIR was quashed.

     

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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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