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Kaatu Poochi (Kaatu Poochi&Co)     06 July 2014

Quash dvcase under 482 cr.pc

Can I quash DVCase Under 482 Cr.Pc

1. Wife asked domestic right's in her father-in-law property

2. She included my sister's name as join family but they were living separate family. 

3. Other verbal allegation which don't have any proof.

4. She asked maintenance under DV with out knowing my Income proof.

Shall I quash DVCase under 482 Cr.Pc or any other relevant sections in Indian law.



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 6 Replies

T. Kalaiselvan, Advocate (Advocate)     06 July 2014

Mr. Kaatu Poochi: if you are damn sure that she has approached the court with false allegation misusing the provisions of domestic violence act, instead of going for quashing the same before the high court, you can challenge the same before the lower court itself on the basis of the merits in your possession which you believe will thrash her case.  If you are worried about the proceedings to drag on unnecessarily fora long period and wish to avoid the same, you may consult a good lawyer about filing such a petition before high court.  Generally high court do not entertain such cases on ordinary grounds, hence in my opinion, you may contest the same in the lower court properly and get the false case dismissed in your favor.  You may file an application to dispense with the personal appearance of your sister, mother, father and other close relatives of your family who have been impleaded in the case, this itself will be a big blow to her considering it as a first step to her failure.

1 Like

Laxmi Kant Joshi (Advocate )     06 July 2014

kaatu answers of your query is as - 1. She has no right over her fil properties .2. Move an application in the same court and informed the court that your sister is not a part of your joint family she resides seperately with her family exhibit her residence proof , request the court to remove her name from the accused list .3- N/A. 4. if she is not a working lady and having no source of income then court can grant her interim maintenance to her . 5- no need to go in the HC fight your case with evidences you will get the relief from lower court itself .
1 Like

Nitish Banka (lawyer)     06 July 2014

powers of HC under 482 CrPc are only concerned with prima facie irregularities in a complaint...like jurisdiction of court, no cause of action the court would not go into the merits

1 Like

Kaatu Poochi (Kaatu Poochi&Co)     06 July 2014

@laxmi kant joshi sir,

1. There is no ruling ask rights in father in law property in that strong ground can I quash the DV case?                                                               2. Your 2nd point is absolutely correct don't need quash name from high court, My advocate did same.                                                            4. She is not working but Job qualified able women no rights to receiving maintenance. Equal gender bias law.

My Question is 1. In the strong ground shall I quash the DV petition under any Indian Law

@Nitish_9891549997 sir,

Yes sir the more petition under 482 crpc rejected by HC coz the not consider DVA is a criminal case.

Shall I quash the DVA case under Order 39 Rule 1 and 2 CPC or any other relevant sections available?

Kaatu Poochi (Kaatu Poochi&Co)     07 July 2014

https://indiankanoon.org/doc/86616093/

Kaatu Poochi (Kaatu Poochi&Co)     07 July 2014

I tried to quash the DV petition under 482 crpc but my advocate also opinion the same Hon'ble T. Kalaiselvan, Advocate advice. So I will ready to face the trail court however I am searching if any other chance to Quash the DVA. That case is very very forgery, mad case. In that case wife informed her father in law property is her Husband property and asking domestic rights under 19,20. Forgery case Ok I will follow the Hon'ble T. Kalaiselvan, Advocate advice. Thank U sir.

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