Quashing of false. d/v complaint
V.N.K. MENON
(Querist) 29 August 2017
This query is : Resolved
I HOPE EXPERTS SHALL GIVE A CONSIDERED OPINION WHICH WILL BE OF GREAT HELP TO ME. I am a senior citizen of about 68 years of age.
REFERENCE:- COMPLAINT UNDER D/V ACT U/S 12 OF PWDV ACT & PURPOSE TO EXTORT MONEY. I filed a petition in H/Court for quashing WHICH is in filing stage. Reliance: para-24 of Inder Singh Grewal vs. State of Punjab & Anr. Some objection has been raised by filing assistant. THERE WAS NO DOMESTIC RELATIONSHIP FOR MORE THAN 1 YEAR {PROOF: PCR REPORT}. My query are as follows:
1) Whether R-3 can file petition for quashing Complaint in his personal capacity?
2) ORIGINAL TITLE: GREESHMA VS. BINU & ORS [R-1, R3, R3 & R4].
While filing Petition for quashing above D/V Petition, u/s 482 r/w 468 CrPC
in the High Court, can the title be MADE AS follows:
“R-3 v/s (1) GREESHMA (2) FATHER”
[since there is PCR report of police that she was kept in captivity and was prevented from going to sasural].
3) Since NO FIR has been filed: how can State become a party?
4) Filing assistant has asked for clarification as to how there is jurisdiction (territorial, pecuniary etc_for H/C.
{Is it right that District courts come under High Court and there is absolute territorial jurisdiction. There is also pecuniary jurisdiction as the demand by complainant is more than 20 lakhs}.
5) How the quashing petition is maintainable?
THANK YOU Ld. EXPERTS IN ANTICIPATION. I HAVE EXPERIENCE IN CONDUCTING CASES IN SUPREME COURT AS WELL.
Adv. Yogen Kakade
(Expert) 29 August 2017
There is no particular period specified for domestic relationship. It shall be for a reasonable period of time. To decide it is the desecration of the court.
1) Yes.
2) While filing the quashing petition your name shall be mentioned as Petitioner and further shall be mentioned as Respondent No 3 of the original complaint.
3) If no FIR is filed so far then it shall be a private complaint.
4) Mention a specific clause of Jurisdiction in the petition justifying the jurisdiction of the High court to try your petition.
5) Depends upon the facts of the case and grounds mentioned.
Wait for the other experts to give their valuable opinions.
V.N.K. MENON
(Querist) 29 August 2017
Dear Mr. Yogen, please accept my thanks for the prompt and apt guidance.
Kumar Doab
(Expert) 29 August 2017
It is good to see that querists come back to thank experts.
V.N.K. MENON
(Querist) 30 August 2017
Dear experts, one more query in this connection, please.
[ Even though no FIR has been filed so far] IN VIEW OF QUASHING OF COMPLAINT WHICH IS IN THE COURT OF MM, MAHILA COURT, IS IT NECESSARY TO MAKE STATE AS A PARTY AND TO WHOM THE COPY OF PETITION FOR QUASHING IS TO BE SERVED.
Shall be much thankful to experts.
