Dear sir I am the respondent in both hmop and dv filed by my wife . Both the cases are in mid of trial . Planning to quash in HC based on merits , cross statements , non maintainability ... I understand dv can be quashed under 482 of crpc but how to quash both through single petition bcoz both the cases contains similar allegations ?? If not possible what is d solution
1. if it seems from the complaint that both cases have arised in the same transaction (same cause of action) then you should quash the criminal proceeding i.e. dv case from the high court u/s 498A crpc and file that judgment before the family court under section 151 cpc for dismissal of plaint.
2. when cause of action is frustrated in one case then it also affect the other case based upon same cause of action.
You have to file separate petition for quashing both cases
It cannot be done by filing single application for quashing under section 482 of cr pc
Means DV under which section hmop under which section ??
You can file for quashing of DV case under section 482 of cr pc
Quashing is to be done only in exceptional circumstances
Since you case is under trial it is better you concentrate your energies in fighting the case before trial court
Your hmop case would not be quashed
1. if the trial has commenced then the high court would not intervene in quashing petition.
2. Since both the proceeding are separate you will have to file two separate quashing petition.
3. mere similarity if allegations is no excuse to challenge both the cases in a single quashing case.
4.The quashing is rarely allowed and falsity in the allegations is no ground for quashing.
1. DV proceeding is a criminal proceeding so it can be quashed under section 498 A of the code of criminal procedure.
The HMOP cannot be quashed as there is no provisions in law for that.
You have to contest and get it dismissed.
If you are so much confident about it based on the trial proceedings you may await the judgment by the trial court.
The HC may not entertain quash of DV case also at this stage because the trial has begun. The grounds what you say shall not be acceptable and high court may advise you to follow it up through trial court itself,. Dont waste time, money and energy on such imaginary ideas and misguidances.
Means DV under which section hmop under which section ?
If you cannot differentiate that under which law the different subject comes under, then it is your prejudice and sorrow that merely based on the cross examination of the petitioner you have concluded that you have won the case, you have a lot of distance to travel further in this regard, hence dont be so much excited so soon.