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Jon Doe   11 December 2022

Petitioner died 5 years ago dv quash is listed for final hearing in hc

Hello can someone please provide us some advice on what happens when a petitioner who has died 5 years ago and before passing away he filed a petition for quashing domestic violence case in high court as his name was purposely included in DV by his daughter in law. Fast forward both husband-wife has been divorced and also got remarried and already enjoying their life but DV case of this person was filed 7 years ago in high court and was not listed on board for 5 years. Last week his lawyer texted saying that case is listed for final hearing so send him fees. Now we didn't hire this person neither we paid any fees but somehow his lawyer in high court found our contact as we are his relatives and we informed him that we have nothing to do with this case but he is saying that we are his relatives and if we want to proceed further with quashing then we must pay him rest of the amount. We informed the lawyer that petitioner has passed away then he said in that case in order to close the case we have to produce the death certificate but still pay his fees. What shall we do ? We have nothing to do in this case also what if high court sends summon to our home address ? I would appreciate if expert can provide us some advice.



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 4 Replies

Real Soul.... (LEGAL)     12 December 2022

Just submit anaplication to reegistrar with attaested copy of death certficate for information, the case against the person will be closed. Or simply appear personally before court and tender the statement and submit copy of DC .

That is no longer an issue even if the accused (dead) gets jail term that is non executable 

1 Like

Jon Doe   12 December 2022

Thank you for the advice

Sudhir Kumar, Advocate (Advocate)     21 December 2022

Basically criminal case doe snot extinguish with death of complainant.  Who are other witnesses are they alive?

P. Venu (Advocate)     21 December 2022

The facts posted suggest the petitioner to the accused (is it a DV case or case under Section 498A IPC?). Anyhow, just inform the advocate that the petitioner is no more. It is his professional duty to inform the Court. 

Also, take steps to inform the Trial Court as well.


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