Crpc 482 help needed

this is not proper ground to file petition under section 482 cr p c . To file case before court under Dv act FIR is needless.

Sir i know domestic violence is quasi criminal case however the whole purpose of me asking for high court is that my inlaws are greedy but when it comes to spend money from their own pocket they will hesitate. My wife's side has applied for legal aid in lower court and the advocate which they have is their family lawyer however the whole purpose of me dragging them to upper court is for money. She may also get legal aid in high court but if for her to travel  600 kms once in a while would be inconvinient. What if i just file Crpc 482 in high court and then she gets summoned. Let high court investigate and tell me that FIR is needed to file this petition. Bottom line is i want to hit their pocked by dragging the case to upper court.

This trick worked for me when I.P.C. 406 was filed by her in lower court and by the time when i filed a petiion in lower court asking for extension because i wanted to go to high court right away they withdrew the case. I have nothing to loose any how i have to give her money but if i do something like this my inlaws will come for compromise soon or later. Do u suggest me to take a chance and file crpc 482 or is it that high court will right away turn down my application ?

There will not be a FIR for any complaint under the provisions of Protection of Woman From Domestic Violence Act. The  case will be filed in the Court and police has  no direct role except to execute the dictum of the Court.

You may move to High Court for quashing of subject petition., but it cannot be addmitted/maintained .

Consult your lawyer.

Originally posted by : Dr J C Vashista 9891152939
	There will not be a FIR for any complaint under the provisions of Protection of Woman From Domestic Violence Act. The  case will be filed in the Court and police has  no direct role except to execute the dictum of the Court. You may move to High Court for quashing of subject petition., but it cannot be addmitted/maintained . Consult your lawyer.

Good morning sirji,

I am only concerned whether or not it will be admitted ? And once admitted will court proceed and summon opposition ? If yes, then this is all i want. Rest will be on court because her 125 was turned down because she was found guilty of committing adultery.

Like previous members replied even i consulted high court lawyers and all of them are saying that F I R is needed. In my case F I R is not filed because she went directly to court.

I know u scolded me before for not playing such games with justice system but i am loosing time and patience. Money is never an issue for me but time matters. I would rather pay 50 k to high court lawyer and have her summoned there rather then fighting a lower court case for years and years. As i mentioned before they don't have money even to travel 600 kms.

Dear Jon,

There is no need or necessity for an FIR to be there in the case of complaints preferred under DV Act. What is necessary to be proved by the girl is that there was mental and physical harassment as envisaged under Sec 3 of DV Act. 

You have not specified clearly where the petition is instituted when your marriage took place, whether you both are residing separately or not.

You can always prefer Criminal revision Application by challenging the issuance of process before Court of Sessions. For the same you will have to establish grounds that the process which has been issued as against you by the lower court is bad in law and the case does not fall in the category of DV Act.

You can as well prefer petition before High Court but the same shall be a Criminal Writ under Art 226 of Constitution of India r/w Sec 482 of Cr P C. Preferring petition u/s 482 of Cr P C is not advisable as Supreme Court has laid down norms and High Courts even sparingly utilize inherent powers.

Hope this clarifies your query. If you have any more query, feel free to communicate.

There is no question of FIR in DV case because it is not a state (Police) prosecuted case. It is a private complaint by an aggrieved individual against her husband or relatives, so a quash for the petition can be filed, though it will be decided in your favor or not go ahead for quashing of the same, in the event the petition is taken on file, she will be summoned to appear.