Sec. 482- Quashing of proceedings before trial

Querist : Anonymous (Querist) 14 August 2010 This query is : Resolved
Dear Ld. Experts of Law

A mother has filed complaint against his for maintaenance of Rs. 10,000/- U/S 125 Cr.P.C. and also Under various section of Prevention of Women againstDomestic Violence Act again for the maintenance of Rs. 10,000 pm, Rent of Rs. 7,000/-pm U/s and also compensation of tune of Rs. 5,00,000/- U/S 22 of PWDV Act ,2005 by giving false affidavit before court. The Respondent has ample evidence to prove that the allegation are false ,motivated with intention to harrass the respondent.

Now the question is Can the respondent approch the High Court U/S 482 Cr. P.C. to PREVENT ABUSE OF PROCESS OF LAW before the begining of the trial to quash the proceeding or before passing any interim relief to the Complainant. If yes, then can anybody inform about any citation in regard of Supreme court or Delhi High Court .

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Devajyoti Barman (Expert) 14 August 2010
I do not think that the mere falsity of the case of the petitioner would give right to case for quashing. If the statements on oath are false then file petition under section 340 of crpc. The case for quashing is allowed when there is abuse of the process of court. This power is sparingly allowed that too when the falsity or error is apparent on the face of the record.

Kiran Kumar (Expert) 14 August 2010
i agree with Mr. Barman, Hon'ble SC has already discussed the law regarding quashing in State of Haryana v/s Bhajan Lal case.

if merely facts are to be disputed then better not to approach HC for quashing.

prove her false and proceed against her under the relevant criminal law provisions.

s.subramanian (Expert) 14 August 2010
I agree with Mr.Barman.

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