Quashing of time-barred d/v complaint & proof of false case
V.N.K. MENON
(Querist) 04 September 2018
This query is : Resolved
[In one case I had filed an SLP in the Apex Court. Afterwards I filed an application or bring on record additional document, which was successful].
Status of the case w.r. to query:
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I filed a petition [in my capacity as Respondent-3] to quash a D/V complaint which is time barred as per various case laws of Apex Court r/w S-468 CrPC.
The petition H/C has been necessitated since the matter had been taken up by trial court despite being time-barred. Opposite Party filed their reply in H/C and I filed my Rejoinder and the case has been listed for middle of September.
QUERY
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I had already filed Police Control Room Report about the captivity of the Opposite Party by her parents as she complained to the Police.
In the given situation, if an application can be filed for bringing on record additional document in the
H/C. Additional doc is in the form of a recorded mobile /telephonic conversation with Respondent-1 and Complainant, who had filed d/v in trial court, about the atrocities committed by her own parents and indoctrination to file a lucrative "d/v business".
SHALL BE GRATEFUL FOR A CONSIDERED OPINION OF EXPERTS.
A. A. JOSE
(Expert) 06 September 2018
Yes, you can file such an application in the HC and perhaps it may allow also.
Dr J C Vashista
(Expert) 09 September 2018
SLP filed in Apex Court has been allowed and case qua quashing of domestic violence is pending in High Court wherein you intend to file additional documents ??
I could not follow you. Can you please explain in simple language for analyses and forming an opinion.
V.N.K. MENON
(Querist) 16 September 2018
Mr. Jose, thank you for the opinion.
Dr. Sir, shall be thankful if your goodself could you please read the query properly.