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SANJAY DWIVEDI
Vikas Modi – Appellant
Versus
State of M. P. – Respondent
ORDER
1. With the consent of the learned counsel for the parties, the arguments were heard on 13.5.2024 and today the order is being pronounced.
2. This petition is filed under section 482 of Cr.P.C. challenging the order dated 31.10.2022 passed by the trial Court taking cognizance on the anvil of a complaint made by respondent No.2 and also seeking for quashing of FIR registered vide Crime No.350/2022 against the petitioners and all subsequent proceedings arose pursuant to that FIR.
3. The primary thrust of challenge is based on the ground that respondent No.2 filed a second complaint on the same set of facts and cause of action, which is impugned in this petition. Learned senior counsel for the petitioners submitted that the first complaint filed by respondent No.2 was withdrawn without seeking any liberty vide order dated 17.9.2022, but later-on the second complaint has been made without disclosing the facts about the first complaint and its withdrawal. According to him, second complaint is liable to be dismissed on the ground that it is an abuse of process of law because the complainant was under obligation to disclose the fact before the Court about withdrawal/dismissal of first
The main legal point established is that a second complaint on the same allegations can only be entertained in exceptional circumstances and when the core of both complaints is not the same.
The main legal point established in the judgment is that the filing of a second complaint on the same set of facts can only be entertained in exceptional circumstances, and the court must ensure that....
A second complaint on identical facts is not maintainable unless exceptional circumstances exist, as established in prior case law.
The main legal point established in the judgment is that a second complaint on the same facts should be entertained only in exceptional circumstances, as per legal principles established in previous ....
The abuse of process of court and exceptional circumstances for entertaining a second complaint.
Practice and Procedure – Dismissal of complaint by CJM – Sought for quash of Proceedings - Ground of res judicata - Law is no more res integra on subject and that there has been a long line of decisi....
Civil and criminal remedies may coexist in cases involving allegations of forgery, and failure to act on a prior complaint does not bar subsequent complaints on the same facts.
The main legal point established in the judgment is that a second complaint relating to the same incident is not prohibited under the Code, and if it presents a different version with additional alle....
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