Can a false domestic violence case be taken to the high court for quash by the husband?
Under what section of IPC does Quash come?
MrDinoMorea (O) 06 November 2013
Can a false domestic violence case be taken to the high court for quash by the husband?
Under what section of IPC does Quash come?
Laxmi Kant Joshi (Advocate ) 06 November 2013
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 06 November 2013
Dear Querist
the Domestic violence case is a private complaint & under section 482 of Cr.P.C.
IPC section will not be applicable in Quashing petition.
dv (ghvhb) 06 November 2013
Samir N (General Queries) (Business) 07 November 2013
For the first time Nadeem bhai has given any legal advice. Usually his advice is limited to "I agree."
In this case, I agree with Nadeem Bhai's opinion. He is right you CANNOT quash a DV complaint anymore. May be some HC may have a different verdict but the trend appears to favor against quashing. I doubt there is a Supreme Court opinion on it to bring in uniformity across the HC variations.
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