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Judgment
5 paragraphs · 210 wordsLeave granted.
The appellant filed a complaint on 02.08.2004 alleging harassment by the respondents. FIR was registered against the respondents under Sections 498A, 406, 504 and 506 of IPC. The matter was settled between the appellant and respondents pursuant to which the respondents were acquitted by an order dated 19.06.2007.
Yet another complaint was filed by the appellant on 23.10.2007 alleging that after the settlement, she joined respondent No.4, but the torture for demand of dowry did not stop and the harassment continued. The respondents filed a petition for quashing the said FIR on the ground that the second complaint was not maintainable in view of the order of acquittal passed earlier.
The allegations made in the complaint made on 23.10.2007 constitute a fresh cause of action and it cannot be said that such a complaint is not maintainable in law. Allegations made in the FIR prima facie constitute offences under Sections 498-A, 406, 504 and 506 IPC. The FIR could not have been quashed by the High Court on the ground that there was settlement in the earlier round which lead to the acquittal of the respondents.
For the aforementioned reasons, we allow the Appeal and set aside the judgment of the High Court. The respondents shall face trial.