sanjeev rajpurohit 21 August 2024

Case under 498 a and 406 and domestic violence

my daughter in file a case under 498a and 406 and 354 against five family persons and after that police make a challan only against my son in 498a and 406 now she file a case under domestic violence against six persons specially my 85 years and my father who neither attend the marriage due to covid in 2021 and my brother in law who neither live my house and my daughter who live only 11 days with live in separate room due to covid and other 3 names are also false now what i do

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 21 August 2024

It sounds like a complex and sensitive situation. Here's a concise summary: - Your son is facing charges under Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) and Section 406 (Punishment for criminal breach of trust) of the Indian Penal Code. - Additionally, the complainant has filed a case under the Protection of Women from Domestic Violence Act, 2005, against six individuals, including your 85-year-old father. To address this situation: 1. _Consult a lawyer_: Engage a experienced criminal lawyer to represent your son and the other accused individuals. 2. _Gather evidence_: Collect any relevant evidence, witness statements, and documents to support your son's case. 3. _Prepare a strong defense_: Your lawyer should prepare a robust defense strategy to contest the allegations. 4. _Seek anticipatory bail_: If necessary, apply for anticipatory bail to protect your son and the other accused individuals from arrest. 5. _Cooperate with the investigation_: Ensure that all accused individuals cooperate fully with the investigation and provide any required information. Regarding the domestic violence case against your 85-year-old father: 1. _Seek legal advice_: Consult with a lawyer specializing in family and criminal law to understand the implications and possible defenses. 2. _Gather evidence_: Collect any evidence that supports your father's innocence or demonstrates the falsity of the allegations. 3. _File a counter-complaint (if necessary)_ : If the allegations are false, your lawyer may advise filing a counter-complaint against the complainant. 4. _Prepare for court proceedings_: Your lawyer will guide you through the court process and ensure that your father's rights are protected.

T. Kalaiselvan, Advocate (Advocate) 21 August 2024

As the names of the family members were removed in the criminal case, you can file a quash petition to quash the DV case also on the basis of criminal case.

You may have to properly make the pleadings to convince court to quash the DV case.