victim need help (HOUSEWIFE) 18 December 2013
MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 20 December 2013
you did not mention under which section you are being prosecuted. If you are prosecuted for the offence of criminal trespass or house trespass, then you cannot file discharge petition as they are summons cases. Hence you can file quash petition before your jurisdictional High Court. If your facts are true then it will be definitely quashed. You can also file a petition under domestic violence act and can obtain residential order which would enable you to live in your matrimonial home. Madras High Court judgement in 1988 LW (cri) 178 Noble Vs State is in your favour. try it and best of luck.
victim need help (HOUSEWIFE) 21 December 2013