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Kaatu Poochi (Kaatu Poochi&Co)     29 August 2014

How can quash false DV case

All false case can quash U/S 482 crpc.  So how DV false case to quash the U/S 482 Cr.Pc


 5 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 August 2014

Yes, It can be quashed with Writ Petitions (Article 226 or 227) along with 482 and Indian Evidence Act.

Various quashing process is there in my following links.


But quashing is very hard task. So it is advisable that go for Speedy Trial and get dispose of the case from trial court itself.


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 August 2014

The case is false is not a ground for quashing of the case. That has to be proven after evidence is led in the court. If the premise that the case is false is accepted for quashing of the case, every sundry would move High Court for quashing of his case, stating that his case is false.


However, if you say that the case is malafide, there is lack of jurisdiction, prima-facie case is not made out, then it could be the grounds for quashing.


One should read Bhajan Lal Vs State of Haryana (Supra) for knowing the grounds of quashing.


Rest, if you wish to waste time, energy and money by moving HC without valid grounds, you can go ahead u/s 482 of CrPC and/ or Article 226 of Indian Constitution


Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Rajiv Chauhan (Advocate) (Advocate (Shimla) 7833999000)     29 August 2014

Ya, normally Hon'ble High courts does not interfere in quashing cases D.V, quashing of FIR, etc. or to the satisfaction of the court. They generally advise to face trial. well court generally direct time bound direction as mention by Mr rocky Smith.

1 Like

Rajiv Chauhan (Advocate) (Advocate (Shimla) 7833999000)     29 August 2014

Yes i agree with Mr shonee Kapoor sir.

Ankan Sarkar (Accountant)     08 March 2015

IPC 498a & dv act 2005 one is Criminal & One is Civil in nature. But learned trial court in his judgement shows 498a as exebit -A, but could not consider the FIR statement of 498a could reflected at the said judgement. Learned trial judge could not consider the income certificate, which was given by his GRAM PANCHAYET & PANCHAYET SAMITI & JELA PARISAD, where the three level of govt. administration clearly stated income of my friends 2500/- per month, but the LD. judge in his order said that to pay 3000/-(three thousands) for fooding, 3000/- (three thousands) for her accomodation & 5000/- (five thousand) for harassment cost, one time to pay that said lady. Rs.6000/- must pay within the 10th day of every english calender year.

Dissatisfied for these impugned  judgement & orders my friends preffred an apple to the LD. ADJ COURT for praying the quash of the said impugned judgments & or which has deem fit & proper. My friends try to draw the notice to the court that he has also the maintain his two old aged parents, who suffers the various old aged elements with in the said income. 

My friends wife said her written FIR of 498a, there she clearly told that, she is working in a kinder garten school & draw her salary from that school. But at the time of filing dv act 2005 cases, she wrote that, escape from mental pain & agony & distress, she join that school ( which she working previously stated in her FIR) as a part time teacher of that school & taken a honourium amt. 600/- (six hundred ) per month & both of the statement filed by after notary afedavits. That lady submitted to a certificated which had issued by the Head Masters of that school. But both two courts could not verified of that said certificates. LD. ADJ courts told  that these two case in different in nature & should not needed compaire each and others.

But the LD. ADJ Could not considering that facts, in his judgement, he wrote LD Trial Judge giving his judgement is proper & Perfect.

My friends totally in depression & behalf of his I will prayed to the forum for helping my friends to overcome from this situation.

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