To all respectable lawyers, Please help me with the DVA case file against me in Goa. I had filed a Marriage petition for divorce in 2017. After some hearing my lawyer told for settlement which went futile as her expectations were way higher than the salary i am earning and the negotiations failed in 2020. Post that in Covid 2020 she filed a DVA against me which said i did not do payment to her as per the court ordered maintenance which i had already paid and the bank statement also proved it and court ahs accepted it. Now the opposite lawyer says there is no way the family court has any authority to quash the case though the entire case was fake and only high court or supreme court can do it. I want to know if its true and if there are any case studies ? Also as the DVA has all the same points mentioned against me in the ,marriage petition case so will me and my lawyer has to go again through all rounds and prove it all are wrong again or the court will accept the responses my lawyer has filed for the DVA case ?
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The quash petition under section 482 Cr. P.C. can be entertained by high court alone and not by the family court.
It is the inherent jurisdiction of high court to exercise its powers to quash the case referred before it to prevent abuse of process”, or “to secure the ends of justice.
Therefore you may challenge the DV case properly and get it dismissed on merits.
Your lawyer is correct
only HC or SC has powers to quash DV case
Dear Client,
Subject to the fact of the case, 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.
Hope this clarifies your query and requirement.
Thank you.
When you have filed then why you want to quash it yourself. If you don't want to proceed you can withdraw it
