• Women protection officer report to magistrate

Hi sir/madam,
Good morning all,

Myself Ram, My wife has filled a DV case against me and my mom . On this, women’s protection officer called us for Enquiry and enquiry went good. My wife has agreed there is no Domestic violence happened. The case has been filled for getting maintamacr alone. 

So women protection officer has sent a report to majistrate and majistrate has dissolved my mother from the case and mine is still running for maintance. 

Now my query is, I want to quash this case as it is malicious prosecution (fake case).

Is there a way to get the detailed report of women’s protection submitted to magistrate .
Please guide me how to approach this. Being No domestic violence, case is running only for maintance .
Asked 4 years ago in Family Law
Religion: Hindu

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28 Answers

you can file Petition in the High Court u/s 482 of the Criminal Code, praying for Quashing of the impugned Complaint filed by the wife under the Domestic Violence Act. The court may after considering the facts of the case and hearing the parties, grant initial stay against further proceedings of the Compliant.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file a quashing application before high court for the same. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

File a quashing petition before the high court, the high court shall call for record from the lower court .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can make application for certified copy of report submitted by protection officer to magistrate court 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

Make an application asking for the report of Protection officer before the Court the same is called copy application, wherein you will get certified copy of the same.  

You can use it tot take actions

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Under RTI you can ask report prepared by women's cell for your sake of knowledge, you can get that report.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Protection Officer's report is not binding on the magistrate. Magistrate has to independently decide whether the DV application discloses acts of domestic violence.

2. Unless you can show that DV application does not disclose any act of domestic violence by you the case cannot be quashed against you.

3. You have the right to obtain a certified copy of the protection officer's report.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

it is advisable first you try to establish in the magistrate court that there is no instances of Domestic violence happened. This is the basic of a finding where the other orders follows. 

Domestic violence is not only the incidents of physical abuse but also denial of Legitimate rights along with emotional harassment. So most cases the benefit of assumption that the wife was denied financial needs prevails.

During the interim application for maintenance and the trial of  the main application, if you can bring that no deprivation of needs happened , the court will dismiss the PWDVA application.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. the report is submitted by the protection officer to the Court,

2. you can get a copy from the Court,

3. apply yourself or ask your lawyer to get a copy

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

If there is no domestic violence no maintenance can be claimed under the DV act. 

If lower court issues any order immediately move to high court to set aside the order. 

You can also file defamation case for levelling false allegations against you. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. If there is allegations against you on the complaint then high court may not entertain your quashing petition.

2. In quashing the court only looks at the disclosure of offence and not the falsity of truthfulness of it.

3. So instead of wasting time by filing quashing case I would advise you to fight the case itself on merit.

4. The report of Protection Officer is not binding on court.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

If you have engaged a counsel, you would have received a copy of the report. 

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

- As per law, a wife cannot be entitled to seek maintenance from her husband under the D.V.Act , unless she has been subjected to any of the acts or conduct defind in Domestic Volience Act.

- Since , on the report of protection officer your mother has been discharge from the said offence, and further your wife has agreed that there is no domestic voilence happened, hence, it is a fit case for quashing from the High court.

- You can get the said protection report certified copy from the same court, after moving an applicaton.

- Being a party of the case, you have your right to get the copy of protection report as per law. 

 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

there is no other documents, consult your lawyer in this regard. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You should apply for certified copy of report of protection officer in court.

After getting report you can approach high court for quashing of proceedings of DV case against you.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

It's good. You can then go for quashing only for person whose names are there

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

The order would have been based on the women protection officer report which holds that prima face case is made out against you only 

 

there would not be any other report 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

No the documents received by you are final. 

As far as finding against R1 is concerned you can ask for said Report by filing an application under RTI Act before the Protection Officer.  

The other way round, you can make an application before the concerned area Station House Officer i.e., Police of your area asking for the Report.  The Protection Officer is under bounden duty to submit report to the SHO of your area.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. No other report will be sent by protection officer to court unless specifically sought by the court.

2. Now it is for the court to decide whether to proceed only against you or your mother also. Ideally, it should proceed only against you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Seeking maintenance is also part of the provisions of domestic violence case.

There is no legal infirmity to run the DV case only for the purpose of maintenance.

Not maintaining wife is also considered as domestic violence hence no quash will be maintainable.

 

T Kalaiselvan
Advocate, Vellore
84923 Answers
2195 Consultations

5.0 on 5.0

You've got the copies of what you wanted.

If you still suspect to find more such reports then you may ask your advocate to look into the cse bundle, and if he finds any other report available in the case bundle, you may ask him to file an application seeking certified copies of the same.

 

T Kalaiselvan
Advocate, Vellore
84923 Answers
2195 Consultations

5.0 on 5.0

The report will not contain the details of what all orally took place during the counselling session with the protection officer.

In my opinion you may not get any other report which you think that the protection officer has submitted to court.

They will give simple report to the court which will contain only brief detail of the enquiry that was conducted.

You can ask your advocate to verify from the court case bundle and see if there are any other papers left behind whose photocopies are yet to be obtained.

 

 

T Kalaiselvan
Advocate, Vellore
84923 Answers
2195 Consultations

5.0 on 5.0

See the statement of the complainant must be recorded by the PO based on same the report is made so same shall be also there along the report.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

There would not be any other personal report given to magistrate 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

Good it's in your favor

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. Any report which will be sent by protection officer to magistrate will be on the judicial file.

2. You cannot get a copy of report under RTI.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

No there will be no report other than that on court file. 

You have to apply for certified copy of report through court by proper procedure.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Apart from copies of petition and reply, the Protection Officer will submit his REPORT to the Concerned Court and also local police station where you reside.

By using the response of RTI you can make an application to the court asking it to call for the records from concerned (as requested in your RTI).

You take advantage of the same if there is discrepancy between the petition filed by her and copy submitted by protection officer. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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