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Amit (Manager)     03 January 2013

Discharge in domestic violence case

I want to file a discharge application in DV for my parents & other family members on the grounds that the respondents did not have any domestic relations/ shared house hold with the complainant/ agreived person.

under which section can this be filed ?



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 4 Replies

Rahul Kapoor (Legal Enthusiast)     04 January 2013

hello,

under section 227 of CrPC.

 

regards-

rahul.gogreen@hmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 January 2013

Once the summoning has been done, the magistrate would not accept your contentions on this issue. You would need to file a revision petition in Session Court.

 

Regards,

 

Shonee Kapoor

4 Like

Amit (Manager)     04 January 2013

Can we not use CrPC 239 as in 498-A as the DV follows the CrPC guidelines. Or can the discharge application be filed on the grounds of no domestic relations simply without mentioning any section. (In trial ). The judges have powers to accept or deny in DV case.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 January 2013

No, 239 is applicable only on police complaint cases.

 

 

 

Regards,

 

Shonee Kapoor


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