Khalid Khan 01 August 2017

Domestic violence quashing 226 or 482 ?

Greetings

I want to file Quashing Petition/Application for a Domestic Violence application made by my wife

She has filed application after delay of 20 months since she deserted me, I want to know

1. Under which Article should I file application, Under Art 226 & 227 or Section 482 (PLEASE NOTE THAT IN BOMBAY HIGH COURT they told that we can file application under 482 OR Petition under 226 & 227, but not mix/refer both simultaneously, so which should I select

2. I want a Stay on proceeding under DV Act Case, and removal of names of my mother and sister, should what should i do, a single petition will do ??

3. If Petition Under Article 226/227 is God Forbide dismissed, then Can I appeal against it in Bombay High Court itself or I need to go to Supreme Court

FEEL FREE TO GIVE ANY OTHER TIPS /ADVICE Related to Quashing of Domestic Violence Case

THANKS IN ADVANCE

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6 Replies

Siddharth Srivastava (Advocate) 01 August 2017

It is under section 482 Cr. P. C. Getting "STAY" is not a matter of right but depends on merit and presentation of the case.

Raveena Kataria (Advocate ) 01 August 2017

Hi! As stated above, the quashing of the complaint will be up to the discretion of the High Court. Evidence/list of reliable witnesses as to the fact that your wife had deserted you for a period of 20 months is likely to help your case.