Apply for discharge in DV case
quashing is to be done by HC only in exceptional circumstances
Quashing of domestic violence case 2005 (filed u/s 12)
Dear experts, I am a NRI and I have received on my email - the notice from the magistrate court to appear in person / through counsel in the DV case filed by my wife under section 12. The case status shows - OBJECTIONS The entire complaint is false and imaginary. The DIR (called by the magistrate) says that I and my parents harassed and threw my wife out of the house on 04 September 2022 @ 11pm but I had left the country on morning of 03 September 2022 and my wife was there at the airport with my parents to say goodbye ! (I have a picture of all 4 of us) Is it possible to go for quashing / bring a stay order on the DV case from a higher court ? If yes, under which section can I go for quashing / stay order and from which higher court ?
Asked 2 years ago in Family Law
Religion: Hindu
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7 Answers
- If you are unable to come to India, then you should move an application through your lawyer for getting permanent exemption from personal appearance from the court hearing.
- Further , you should reply to her said complaint after narrating all the facts , and thereby pray for the dismissal of the complaint .
- You can approach the Higher court for the dismissal & stay order of the said complaint.
DV case is false or not is a matter of trial. If by going through DV vomplaint case, no case is not made out then file quashing petition in high court under section 482 cr.p.c.
Normally if case or complaint is not made out from the pleadings the case proceedings or complaint can be quashed. If you have any evidence in your favour then it must be dealt with during the trial. Evidence will not be looked into during quash proceedings.
Since the summons have been sent to you through email, if you would like to participate in the trial proceedings, you may, through your advocate file an objection denying all her false allegations and also you can ask yor advocate to file a petition under section 205 cr.p.c. to dispense with your personal appearance before court till disposal of the case.
Supreme court in Kamlesh Devi vs Jaipal on 4 October, 2019. held that in effect that the ingredients of domestic violence are wholly absent in this case.
The supreme court quashed the DV case.
Dear Client
In India, if you believe that the Domestic Violence (DV) case filed against you is false and baseless, you can explore the following legal remedies:
Quashing of FIR (First Information Report):
You can file a petition under Section 482 of the Code of Criminal Procedure (CrPC) before the High Court, seeking to quash the FIR or the proceedings in the DV case. Grounds for quashing may include the absence of any prima facie case, abuse of process, or a case devoid of merit. The court may quash the proceedings if it finds that the case is maliciously filed or an abuse of the legal process.
Stay Order:
You can also approach the High Court to seek a stay order on the DV case proceedings until the matter is resolved through the quashing petition. The court may grant a stay order if it believes that there are valid reasons to halt the lower court proceedings until the High Court makes a decision on your quashing petition.
Defending the Case:
Simultaneously, you should engage a skilled lawyer to defend you in the DV case. Your lawyer can present evidence, including the photograph of all four of you at the airport, to establish that you were not present at the alleged time and date of the incident. Your lawyer can also cross-examine witnesses and present other evidence to prove the falsity of the complaint.
Mediation:
You may consider mediation as an option to resolve the dispute amicably, but this depends on the willingness of both parties to participate.
It's crucial to consult with a qualified attorney in India who can review your specific case details and guide you through the legal process. They will be able to assess the strength of your case and advise you on the best course of action
Case will decide in same court. File your reply along with evidence.
