Quashing of dv case
pravin
(Querist) 17 February 2015
This query is : Resolved
dear sir,
my wife filed false 498a case on me after few months she also filed dv case against me, this month i got acquital in 498a now can i go for quashing of domestic violence case please reply.
thank you
selva perumal
(Expert) 17 February 2015
Yes you can, because in the first instance itself she should have to mention all the allegations if she failed do to so then you have good case.
Devajyoti Barman
(Expert) 18 February 2015
You can apply.
However merely because you are acquitted in 498A case, that does not mean that the DV case would be quashed.
Nature and degree of proof for both the cases are different.
Rajendra K Goyal
(Expert) 18 February 2015
You can apply. Quashing would not base only on the fact that you have acquitted in 498 a case.
ajay sethi
(Expert) 18 February 2015
contest DV case on merits . chances of quash are bleak
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 February 2015
Quash rarely works in criminal cases.
But in marriage related cases you can go for recall of process first to sessions court than HC.
If the limitation for revision is over than you can go straight to HC. Get a competent advocate since it will worth trying.It is easy at sessions court. if limitation for revision is still there.
T. Kalaiselvan, Advocate
(Expert) 19 February 2015
Even in my opinion it will be better to contest the DV case also on merits and get it dismissed instead of wasting time for quashing the same before the high court.