Victim498A (Resource Manager) 21 May 2012

Dv complaint time of violence not mentioned

In Domestic Incident Report the columns regarding Date, Place and Time of Violence are Blank. Only a vague descripttion mentioned. In the complaint also she mentioned the date of Violence, not at all mentioned any time in entire complaint. Her main allegation on the complaint is s*xual harassment. Our marriage date is 28.4.1999.

Mine is summons case, she is asking only reliefs and Compensation. Not seeking any criminal proceedings.

1.Can I go for discharge on the ground that Time of violence is not mentioned in complaint and in DIR (dates and time also not mentioned)?

2.My case 27th April, I appeared first and Magistrate asked me to collect papers and file counter. Can I directly file Discharge petition without filing counter. There are ample points in the Complaint & DIR for discharge?

3.What is the relevant section for filing discharge application in above circumstances?

Please help me, I have appear again on 25th May.

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6 Replies

DEEPAK ASSOCIATES (08010117611) 21 May 2012

As per Section 28 of DV Act that all proceeding under section 12, 18, 19, 20, 21, 22 and 23 and offense under section 31 shall be governed by the provisions of the code of criminal procedure, 1973 (2 of 1974) :

(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub section (2) of 23.

it is mark upto the mgistrate that the application of the aggrieved is being treated a warrant case or a summon case, if it is summon case then the remedy lies before High court only u/s 482 CrPC

otherwise i.e. in warrat case the application for discharge may be moved under section 245 of CrPC.

Victim498A (Resource Manager) 23 May 2012

Dear Deepak,

Thanks for valuable informaation. Is there any judgement on time of violence not mentioned in complaint and DIR. The respective coulumns Date, time and place of violence not mentioned in DIR. They are just left blank. In her complaint time of violence not mentioned.

Victim498A (Resource Manager) 23 May 2012

Dear Deepak,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 23 May 2012

DIR just mentions the kind of violence committed, it is always accompanied with an application u/s 12 of PWDVA, 2005, which would contain the full facts.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Victim498A (Resource Manager) 23 May 2012

Shonee Sir,

In her application/Complaint, only two dates of violence mentioned ie., 20/12/2011 and 02/01/2012. But not mentioned any particular time mentioned. An incident must consist time or not? In DIR she mentioned I necked out her at late hours, not mentioned any date or time. Also in her complaint there is no time mentioned at what time I neckedout her.

Please let me know the importance of time of violence in DV cases. It is urgent, I have to file counter on 25th may.

DEEPAK ASSOCIATES (08010117611) 23 May 2012

AS Mr Sonee Kapoor pointed out regarding discripttion in the complaint, therefore, it depand upon the magistrate. At the initial stage it is very difficult however you may place the facts before magistrate.