(Guest)

Grounds for dv quash in hc

HI Experts / Lawyers,

What are the Valid Grounds to Quash DV Case, I know its Rare. However what are the Legal Grounds to Quash in HC?

My Queries are:
1) Under what Sec Quash Petition can be Filed?

2) What it affects Proceeding ? Or will have stay on Running DVC?

As per My Understanding those who dont stay in Share Household are not Supposed to be respondent, and Can be Acquitted?

Please Suggest..

Yam Raj @ PBI (Social Reformer - www.publicbureauofinvestigation.in) 29 December 2011

To Experts, throw some lights on the thread. I would like to know the same\\

Thanks,

adv. rajeev ( rajoo ) (practicing advocate) 30 December 2011

you are right, apart from that on the ground of jurisdiction.

1 Like

sridhar pasumarthy (ADVOCATE) 30 December 2011

Dear Zameer,

Petition to quash the proceedings/FIR can be moved before the concerned High court under section 482 of Cr.P.C.

Court can grant interim stay of DVC proceedings till disposal of quash petition if circumstances necessitate.

Yours is a fit case to succeed.

1 Like

(Guest)

Let me Understand this,

1)
Can apply under CrpC 239 - Discharge Petition for Respondent who lives seperately and they will be aquitted if Successful..

for remaining Main Respondent Can apply for Higher Court under Sec 482.

Quash Petition for All Respondent under CrpC 482 in Higher Court ?

Is that Correct sir ?

sridhar pasumarthy (ADVOCATE) 04 February 2012

Dear Zameer,

In my opinion, 2nd option will give better results.