Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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dhinesh (Engineer)     28 November 2013

Domestic violence act 2005

Dear Sir / Madam,


I got married in sep 2012 and with in 20 days my wife left my house because she was not interested with this marriage. I filed HMOP requesting for divorce on basis of Null and Void. The HMOP case is running in the court. After that my wife filed a criminal case (Domestic Violence Act 2005) after several month against me , parents and my younger sister. Also the DV case is opened few months ago. She made all false allegations. Is there any option to quash this case. Is my sister can go to high court (Chennai) and get stay since she was nothing to do with this case. Please advise on what possibilities where i can save my aged parents and sister.

Best Regards,

 

VD



Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     28 November 2013

If allegations are false definately your chances of winning are more. Your sister can appraoch high court.


(Guest)

Hello Dhinesh.

Being a victim of 498A, a quash petition would sound like the perfect solution to the problem. The definitive judgment for a quash petition is the State of Haryana Vs. Bhajan Lal, 1992. In this judgment, the Supreme Court laid out certain category of cases by way of illustrations wherein the inherent power under Section 482 of the Code can be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice. The relevant guidelines for quashing of an FIR, as alliterated in the Bhajan lal case, are:

(a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;

(b) where the uncontroverted allegations made in the FIR or 'complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;

(c) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;

(d) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

Therefore if you have sufficient proof that is proved beyond reasonable doubt which easily implicates her malfide intention, you may get the FIR quashed. In this regard, you may produce evidences which indicate her behaviour and her intention to get a divorce.

-Regards

Advocate Pooja

www.lawkonect.com

dhinesh (Engineer)     02 December 2013

Dear Pooja Madam, Thanks for your valuable advice. Best regards, Dhinesh

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