25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ibrahim (Associate)     10 January 2014

Chances to quash dv under 482 crpc

Dear lawyers,

Please suggest me, is it a fit case to apply for quash DV case using 482 CRPC under the following grounds.

1. Time barred. Filed after 17 months of moving out from matrimonial home(Desertion). 2 year old allegations (Aug and sep 2011 out of which for one date month alone is specified). Case filed on june 2013. Mentioned these two instances of dowry demand after that no allegations of dowry demand till feb 2012 when she left matrimonial home.so it is not a continued one.

2. No domestic indicent report. No complaint made anywhere at the alleged time of incident.

3. Vague allegations. No specifc date time and no proper scenario was mentioned . Simply included all acts of abuses like dowry demand, brutal attack, forcible s*x, snatched gold, intimidated to transfer property.I have evidences to prove it as false because of self contradictory and absurd nature.

4. Invoked different jurisdiction by showing her another residential address in a hill track at a distance of 250 kms. Up and down 500 kms. Really it was like life threatneing because of land slides and rain.

5. I have sufficient evidences to prove this case as false and they dont have any documentary evidence. affao

6. Before marriage the girl had a love affair, cheated him as well and got married to me. I have evidences for the same.

Eventhough i am ready fight the case on merits in trial cout, the distance is large and unsafe in hill tracks and also we are spending lot of money for travel and accomodation.My personal and professional life also gets spoiled. Please provide your opinion in this.

Regards

Ibrahim



Learning

 19 Replies

yogesh (will tell you later)     10 January 2014

Chances of quashing of summoning order and subsequent proceedings against the respondent are very rare( doesnot mean Nil) as PWDV Act favors women..My Petition under 482 Crpc was dismissed and I challenged the order by the way of SLP BEFORE SUPREME COURT Which was also dismissed despite of citing Inder Kumar Grwal Judgments which gives some hope on limiatation..all pleas has to be raised before the trail court

dv (ghvhb)     10 January 2014

Quashing is more of a law point than material evidence. Quashing does not dig into evidence but looks at the report on the face of it and if there are evidences adduced with it like Mlr I am not a lawyer but for sure a seasoned lawyer can guide you into it Which city ? Maybe you can ask for help in those cities

SKapoor_Lawkonect (Lawyer)     10 January 2014

Hi Ibrahim quashing a DV case under Section 482 of CrPC i.e., the inherent powers of High Court is a substantial question of law that the courts are coming across nowadays. However, several High Courts of the country including that of Kerala, Allahabad, Bombay, Madhya Pradesh have held that a proceeding under Domestic Violence cannot be quashed under Section 482 of CrPC i.e., inherent powers of the Court. But the apex court of the country in the case of I.G.Grewal vState of Punjab and Anr. [(2011) 12 SCC 588] t quashed the proceedings under the Act while dealing with them under section 482 Cr.P.C. But, the Apex Court has not touched the procedural aspect of the Act as discussed by the High Courts. So, you can take recourse to this aforementioned precedent so as to show that a DV case can be quashed under the Section 482 of CrPC. So, I will opine in your case that you have to take care of all the evidences and proofs so as to bring it to the knowledge of the Court that you have come with clean hands to the court and prove it beyond doubt that the case against you is not backed by evidences and has a weak backing due concocted facts.

dv (ghvhb)     10 January 2014

Very well quoted by 's Kapoor... Shonee Kapoor I guess. I have filed in Bombay high court under 482 but the difference is we are 6 people who are charged by my b*tch. One of my sister filed 482 for which she got a stay and the b*tch's lawyer could not prove domestic relation. Once my sister her name is quashed we will file. for the Dismissal of the rest in Mmcourt itself.based on that judgement and her lies a combo. It's true that it is a mixed bag where judges don't quash pwdva stating its not criminal and 482 is for criminal crpc . Only in case of not obeying the orders of mm court he can take criminal action. But then some Cases have been quashed. You have to study your case and find merit points. Do research and appoint a good lawyer and discuss with him. It is possible with right application and implementation .

Ibrahim (Associate)     11 January 2014

Thanks a lot for all of your valuable opinions.

I am from Coimbatore in Tamilnadu.In my case also all family members are made as respondents. Father, mother and married 2 sisters who are staying away. We have filed 205 petition for them. But it is taking very long time to start the argument for it and also for interim maintenance and she is not even appearing to court. I spent lot of time on my case and found many merit points and loop holes on the allegation. Already i engaged two lawyers - one from her city, but they are not advicing for filing in higher courts(Madras).

My only point is even after having this much of points and proof, why should we waste 5 years to run this case by travelling to her city. Even if not quashed can i get a speedy disposal under 482 petition itself by showing the merits and my difficulties?

Regards

Ibrahim

dv (ghvhb)     11 January 2014

I have no clue as to how fast the high court of Madras works buy Mumbai is slow. It has taken us almost a year and still waiting for final hearing. In my opinion your best bet is sessions court for your sister who are married and have a different household .so no domestic relation. Either file for dismissal in the same mm court with strong petition . And try to base it on revelant judgement. Like there is a judgement.. Married Sisters living In mariatial home cannot be prosecuted..... You have to work just like a lawyers assistant and go for dismissal in mm court itself . In mm court no 205 required Pwdva is a civil proceeding where respondents need not be present as they can be represented by their council. My mother has filed DV on my wife and we overcame the locus standii using a Delhi high court judgement. Attack as well as go for dismissal Fight it tooth and nail Let justice be done Don't loose patience and stay courageous Also enjoy your life that will be a big booster for your family as well you lively wife... Will drown in her own bile

SKapoor_Lawkonect (Lawyer)     11 January 2014

Hi DV, thanks for your appreciation and i would like to bring it to your notice that i am not working with Shonee Kapoor. I am employed at Lawkonect.com, a legal help portal in case of any queries or advice you may contact me on my number 9555507507.

Regards,

SKapoor,

www.Lawkonect.com,

9555507507.

yogesh (will tell you later)     11 January 2014

I am repeatedy saying that domestic violence proceedings under 482crpc could not be quashed if the women has made husband and other family memebers as reposndents ..It will quashed only in case if the family members are not in doemstic relationship with the wife(compIlainant) ..in quashing the proceedings at I myself contest my case at P & H haryana Hig bCourt but was dismiised and I even file the SLP before the supreme court by citing the Inder kUmar Grewal Vs Satate of Punjab case which was also not considered as the facts of the case relates to divorce taken by fraud...Its better to file the objections and donot waste time and money at HC at thsi juncture

yogesh (will tell you later)     11 January 2014

I am repeatedy saying that domestic violence proceedings under 482crpc could not be quashed if the women has made husband and other family memebers as reposndents ..It will quashed only in case if the family members are not in doemstic relationship with the wife(compIlainant) ..in quashing the proceedings at I myself contest my case at P & H haryana Hig bCourt but was dismiised and I even file the SLP before the supreme court by citing the Inder kUmar Grewal Vs Satate of Punjab case which was also not considered as the facts of the case relates to divorce taken by fraud...Its better to file the objections and donot waste time and money at HC at this juncture

Ibrahim (Associate)     11 January 2014

Thanks yogesh and dv for valuable time and valuable opinions.

dv,

Thanks for giving courage and well wish.

Sorry to bother you please let me know

1) Regarding filing for dismissal for my sisters based on no domestic relationship ground in mm court, Is there any section to file the petition.

2) As you told, since lawyers can represent beacuse of its civil nature can we avoid our personal appearance for more than 3 times until it necessary for cross examination. I have also skipped my onsite travel opportunity from my compay because of this case. Is it possible to go for a period of 6 months.

Regards

Ibrahim

dv (ghvhb)     12 January 2014

Dear ibrahim Under what section I am not sure as I am mango person. But find a young lawyer who is hungry since they are the ones who want to sharpen themselves Look it's a dismissal petition, under what section not sure. If you have not filed for aa reply as yet you can challenge the mm court order of summoning in sessions court. It is a civil case so no one can stop you but make sure you are represented by a lawyer. Addtional if at all he can make a apllication ...all you would need is a company letter to prove that travel assisgnment Start breaking the wall where it's weak Check which one of you has best chances of dismissal and start with that. If one of you gets it the case will become weak as so will the morale of your lovely wife Meanwhile don't forget your routine life If you sit with hands down saying what now she is winning don't let that happen. Research and find a lawyer who wants a case and not a money eater You have to pay just make sure it's reasonable and you get value for the same

Ibrahim (Associate)     15 January 2014

Thank you dv, for your valuable inputs and suggestions.

Regards

Ibrahim

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     08 April 2014

There are simple remedies at  lower level in DV 498A as well as maintenance.

 

You should go step by step  and build the case against complaint. Going directly to higher court does not help.

 

Far example you can challenge all the three cases first for issue of summons and notice in DV  case by revision is Sessions court if it is in limitation. There are simple tricks to file such revision which depends on complaint and its pleadings.

 

Next step is JURISDICTION. You can find fault on this count on practically all cases.

 

Next step for DV cases is domestic relationship and aggrieved persons. You can find many faults in the complaint which has to be  minutely examined thread bare.

 

SHOW US ANY COMPLAINT AND WE WILL SHOW LARGE NO OF SUCH FAULTS FAR ANY ACCUSED TO PROCEED BEFORE MAIN CASE IS ALLOWED FOR FURTHER STEPS.

Ibrahim (Associate)     08 April 2014

Dear Sir,

Can i post my case document or send to private email to yourscrew@gmail.com.

 

Regards

Ibrahim         
 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query