Quashing of DVAct & Other Cases in HC.

Querist : Anonymous (Querist) 11 May 2011 This query is : Resolved
Dear Sir / Madam:

We are going through a Divorce (Family Court) in our Family. The Wife Filed DVAct 2005, 406, 498A against our Family after 8 months of Divorce Case filed by us in Family Court. In fact, She did not attend Family Court since the begining till she filed for DVAct, 406, 498A.
All her Cases are False & Fabricated. We have few Evidences which could possibly prove our innocence.
The Cases of DVAct, 406, 498A are still going on in Metropolitan Majistrate's Court.
Can We PARALLELY File a Petition in HC for Quashing / Dismissing of DVAct, 406, 498A going on against us?
If we can file for Quashing in HC - Against whom we need to file the Petition? Is it State Govt. or the Wife?

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Guest (Expert) 11 May 2011
NOWADAYS dv ACT IS NOT USED FOR THE INTENT AS USED BY LEGISLATURE

FIRST THING MOVE TO HIGH COURT FOR QUASHING dv CASE.

SECOND YOUR WIFE IS THE OPPOSITE PARTY

THERE IS NO BAR TO PROCEED U/S 482 OF
Cr.P.C.

Devajyoti Barman (Expert) 11 May 2011
You can file case for quashing in the high court but for each of the proceedings you have to file separate case u/s 48 crpc.

Both the wife and the state will have to be made party.

Querist : Anonymous (Querist) 11 May 2011
Thanks for your Valuable Reply.

Generally, How long does it take for the HC to Quash the DVAct, 406, 498A after we file for Quashing?