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Victim498A (Resource Manager)     19 July 2012

Peculiar dv case, can i go for quash?

Dear Experts,

My wife filed a false 498a case only against me and I was arrested, released on bail contesting the case.  Later she filed DV against me for compensation and maintenance (no criminal proceedings) in some other court  in same courts complex based on her parents location.  She did not mentioned in her application that she filed 498a.

The peculiarity is:

 

1. In DV case no dowry related harrasment though the incident  dates of violence in 498a are same, type of violence is different.

 

2. No additional dowry demand or dowry related harassment.

 

3. No specific date of incidents or time in other violences.

 

Can I go to HC for quash in DV on grounds that she mentioned that she was thrownout of the house on harrasment  for additional dowry demand as  per her 498a complaint & chargesheet and claiming compensation & maintenance for other violences other than dowry related harrasment is not satisfying the reason for living seperately for claiming reliefs under DV?

 

Is her complaint maintainable absence of dowry related harrasment in DIR and in her application even after filing 498a?

 

Any related judgments please help me.  Can we go for quash on inconsistency of the facts in various complaints.  Her 125 crpc also no dowry harassment.  The incident of leaving the house also contradicting in her 498a, DV and 125 crpc.

 

I am filing discharge petition in lower court based on her DV and 125 crpc complaints in 498a case as HC may not consider the DV and 125 crpc contradictions for quash.

 

Any favourable judgments on inconsistency of facts in various complaints please help me.  I want to file quash petition before next date in lower court.



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