Dv case
navin
(Querist) 02 May 2013
This query is : Resolved
Respected all,
Under which section of DV act-2005 I can pray for Dismissal of Complaint on behalf of submitted documents which are already on court records.
Or In which section of Cr.P.C I can pray for Dismissal the filed complaint.
I have submitted all relevant documents to prove that complaint filed for malacious intention.
thanks in Advance
Nadeem Qureshi
(Expert) 02 May 2013
Dear Navin
you can not file an application for dismissal of filed complaint, if the complainant is not present in the court, the court have power to dismiss the complaint u/s 256 of Crpc.
if you have vert strong point in your favour then file an application for discharge u/s 245 of Crpc and argue the matter after hearing both the parties the court may pass an order as per law.
Feel Free to Call
R.K Nanda
(Expert) 02 May 2013
agree with nadeem.
Raj Kumar Makkad
(Expert) 02 May 2013
Charge is not framed under section 12 of DV Act so there is no application of section 245 Criminal Procedure Code as suggested. The complaint has to be proved by complainant (say applicant) and if she fails to prove, it automatically gets dismissed. There is no provision to go for dismissal on the part of the respondents.
