What if dv is withdrawn during quash ?

Come out in detail,case has to be studied for a proper suggestion.

Originally posted by : SAINATH DEVALLA
	Come out in detail,case has to be studied for a proper suggestion.

Sir a DV has been filed on 75 year old citizen that has nothing do with matrimonial problem between husband-wife. So basically nephew's wife filed a DV on 75 year old mamaji with an itention to harass him but since 2 years nothing has happened in court, we are getting only dates in court. So we wrote a letter to chief justice of high court writing about this delay in court and harassment that is caused to senior citizen. In return chief justice high court has ordered lower court to move this case ASAP. But the lower court judge is saying that quashing can only happen in high court and he has no powers to quash DV. Now that we have decided to move to high court for quashing, nephew's wife has taken U-turn and she is saying that she would like to withdraw complaint on 75 years old, but only when we file quash petition in high court. So basically she wants us to drag this case to high court and once the matter is filed in high court she wants to withdraw this DV complaint only on 75 year old. She thinks this is a game and she can easily get away with it by simply withdrawing the case against senior citizen.

Originally posted by : jonny
	Sir a DV has been filed on 75 year old citizen that has nothing do with matrimonial problem between husband-wife. So basically nephew's wife filed a DV on 75 year old mamaji with an itention to harass him but since 2 years nothing has happened in court, we are getting only dates in court. So we wrote a letter to chief justice of high court writing about this delay in court and harassment that is caused to senior citizen. In return chief justice high court has ordered lower court to move this case ASAP. But the lower court judge is saying that quashing can only happen in high court and he has no powers to quash DV. Now that we have decided to move to high court for quashing, nephew's wife has taken U-turn and she is saying that she would like to withdraw complaint on 75 years old, but only when we file quash petition in high court. So basically she wants us to drag this case to high court and once the matter is filed in high court she wants to withdraw this DV complaint only on 75 year old. She thinks this is a game and she can easily get away with it by simply withdrawing the case against senior citizen.

If she thinks harassing a 75 year old is a game, then you move HC, with quash petition, the HC will quash the DV case based on merits.  She willing to withraw the DV casea has got nothing to do with you ppl going for quash, both proceedings are different, in the mean time  if she withdraws her complaint, then HC will pass orders in accordance with what has happnd in magistrate court/lower court.

Eitherways no point in waiting for the woman to withdraw the case, going for HC quash proceedings is the best thing to do in tis case. 

Originally posted by : Mrs.Chattopadhyay Bakshi
	Originally posted by : jonny Sir a DV has been filed on 75 year old citizen that has nothing do with matrimonial problem between husband-wife. So basically nephew's wife filed a DV on 75 year old mamaji with an itention to harass him but since 2 years nothing has happened in court, we are getting only dates in court. So we wrote a letter to chief justice of high court writing about this delay in court and harassment that is caused to senior citizen. In return chief justice high court has ordered lower court to move this case ASAP. But the lower court judge is saying that quashing can only happen in high court and he has no powers to quash DV. Now that we have decided to move to high court for quashing, nephew's wife has taken U-turn and she is saying that she would like to withdraw complaint on 75 years old, but only when we file quash petition in high court. So basically she wants us to drag this case to high court and once the matter is filed in high court she wants to withdraw this DV complaint only on 75 year old. She thinks this is a game and she can easily get away with it by simply withdrawing the case against senior citizen. If she thinks harassing a 75 year old is a game, then you move HC, with quash petition, the HC will quash the DV case based on merits.  She willing to withraw the DV casea has got nothing to do with you ppl going for quash, both proceedings are different, in the mean time  if she withdraws her complaint, then HC will pass orders in accordance with what has happnd in magistrate court/lower court.   Eitherways no point in waiting for the woman to withdraw the case, going for HC quash proceedings is the best thing to do in tis case.

Okay understood. Thank you for sharing this.

Yes, the wife can withdraw the pending DV case even whilst a quash petition is pending before high court in this connection. 

Once this trial court case is withdrawn by the complainant the pending case before the high court shall become infructuous.