Procedure in dv case
Rahul Mendiratta
(Querist) 21 October 2013
This query is : Resolved
My beloved wife has slapped 4th false case of DV on me and my family after 498a, DP and 125.
Please guide me how can I go about the case?
Can I go for DIR quash or chargesheet quash?
ajay sethi
(Expert) 21 October 2013
fight case on merits . courts are reluctant to quash DV case .
it is necessary to go through allegations made in DV case filed by wife as to whether case is made out or not .
if the allegations made in complaint do not satisfy the ingredients of DV then you can go in for quash .
Advocate M.Bhadra
(Expert) 21 October 2013
Section 12 in The Protection Of Women From Domestic Violence Act, 2005
Application to Magistrate.-
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
(2) The relief sought for under sub- section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908 ), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.
(3) Every application under sub- section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.
(5) The Magistrate shall endeavour to dispose of every application made under sub- section (1) within a period of sixty days from the date of its first hearing.
Andhra High Court
Smt. P. Savitha And Another vs Counsel For The Petitioners: Sri ...
Criminal Petition Nos.7063 of 2008 and 2539 of 2009
29/02/2012
A. Ashok Vardhan Reddy and others
Smt. P. Savitha and another
"Thus, neither the domestic violence case nor the criminal case appear to be susceptible to being quashed in exercise of the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, which is a rarely exceptional remedy and without expressing any opinion on the merits of the rival contentions, the criminal petitions have to be negatived.
In the light of the above discussion, the question of non- maintainability of the criminal petition for quashing the criminal case due to non-impleadment of Sri P. Krishna Reddy, the father of the victim, who gave complaint to the police, needs no further probe.
It should also be made clear that none of the observations made herein shall influence the consideration of the domestic violence case or the criminal case on their own merits by the trial Court and the entire discussion herein is purely with reference to examining the sustainability of the request for quashing the proceedings in both the cases.
Accordingly, both the criminal petitions are dismissed."
Ms.Nirmala P.Rao
(Expert) 21 October 2013
You can go for charge sheet quash either under 482 Cr.P.C by filing a Criminal Revision Case or by filing a Criminal Writ of Mandamus or Certiorari to quash the erroneous and false charge sheet filed by the police based on your beloved's false criminal complaints.
Rajendra K Goyal
(Expert) 21 October 2013
Well advised by the experts, nothing more to add.
V R SHROFF
(Expert) 24 December 2013
concentrate on defence only.
