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Dhanasekar (Advocate)     04 June 2015

Quash for dv

Dear Experts,

is 498A aquittal a ground for DV quash?

 

Rgds



Learning

 6 Replies

DEVENDRANATH SHRIKANT JOSHI (Proprietor)     04 June 2015

In my opinion it can't be.  The reason being, in Sec.498A case, the strict proof of cruelty is required to be established by the prosecution and the said cruelty normally refers to physical cruelty.  The DV Act, however, provides for various reliefs in favour of the aggrieved woman.  If the acquittal in Sec.498A is recorded by the Magistrate holding that the case is absolutely false and not on the basis of benefit of doubt, then the said findings can be used to avoid reliefs under DV Act.  But in any case, the said acquittal cannot be a ground for quashing of DV case.

Adv Shrikiran.B (Advocate)     04 June 2015

Section 498A and case filed under sections under DV Act are independent of each other and both the cases should be fought on merits.Basically,498A is filed to show the cruelty meted out to the wife from her husband and in-laws whereas DV sections are filed for various benefits to the victim wife apart from the cruelty.

498A acquital does not have any bearing on the proceedings for DV Act.Therefore, court will consider ignoring cruelty part in DV proceedings and concentrate only on other reliefs sought by the wife if you are able to apprise the court about your 498A acquittal.

       

SAINATH DEVALLA (LEGAL CONSULTANT)     04 June 2015

498A acquital has no bearing on other cases filed.

SOLOMON.RAJ (advocate/director)     06 June 2015

Though the acquittal in sec 498-A has nothing to do with the domestic voilence act cases but it is a good ground when you state that the Hon'ble courts have acquitted the Accused as the offence under that provision was not proved and all the allegations levelled are false.

If you enclose a copy of the order of 498-a and file it efore the D.V. courts it might have an impact but both are independent in their own nature and are no wayconnected it all depends on the trial again here in the D.V. COURT.

 

 Solomon Raj

                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. & Telangana , India

JOINT SECRETARY, CHRISTIAN LEGAL ASSOCIATION.

BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.

General Secretary, 34th U.C.C. ( A.P.),                     
National Vice president, All India Christian’s Council,

Legal Chairman,  All India Christian’s Council,

 

Core Committee Head, For drafting Act of "Protection of Christian Properties" In Andhra Pradesh. 
Ph:+91-9866545086,

E-mail: rajcarey@yahoo.com



 

SOLOMON.RAJ (advocate/director)     06 June 2015

Though the acquittal in sec 498-A has nothing to do with the domestic voilence act cases but it is a good ground when you state that the Hon'ble courts have acquitted the Accused as the offence under that provision was not proved and all the allegations levelled are false. If you enclose a copy of the order of 498-a and file it efore the D.V. courts it might have an impact but both are independent in their own nature and are no wayconnected it all depends on the trial again here in the D.V. COURT. Solomon Raj L.L.M.( Crimes & Torts ) Advocate, High Court Of A.P. & Telangana , India JOINT SECRETARY, CHRISTIAN LEGAL ASSOCIATION. BHARAT GAURAV SAMMAN AWARDEE Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad. General Secretary, 34th U.C.C. ( A.P.), National Vice president, All India Christian’s Council, Legal Chairman, All India Christian’s Council, Core Committee Head, For drafting Act of "Protection of Christian Properties" In Andhra Pradesh. Ph:+91-9866545086, E-mail: rajcarey@yahoo.com Though the acquittal in sec 498-A has nothing to do with the domestic voilence act cases but it is a good ground when you state that the Hon'ble courts have acquitted the Accused as the offence under that provision was not proved and all the allegations levelled are false. If you enclose a copy of the order of 498-a and file it efore the D.V. courts it might have an impact but both are independent in their own nature and are no wayconnected it all depends on the trial again here in the D.V. COURT. Solomon Raj L.L.M.( Crimes & Torts ) Advocate, High Court Of A.P. & Telangana , India JOINT SECRETARY, CHRISTIAN LEGAL ASSOCIATION. BHARAT GAURAV SAMMAN AWARDEE Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad. General Secretary, 34th U.C.C. ( A.P.), National Vice president, All India Christian’s Council, Legal Chairman, All India Christian’s Council, Core Committee Head, For drafting Act of "Protection of Christian Properties" In Andhra Pradesh. Ph:+91-9866545086, E-mail: rajcarey@yahoo.com

Though the acquittal in sec 498-A has nothing to do with the domestic voilence act cases but it is a good ground when you state that the Hon'ble courts have acquitted the Accused as the offence under that provision was not proved and all the allegations levelled are false.

If you enclose a copy of the order of 498-a and file it efore the D.V. courts it might have an impact but both are independent in their own nature and are no wayconnected it all depends on the trial again here in the D.V. COURT.

 

 Solomon Raj

                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. & Telangana , India

JOINT SECRETARY, CHRISTIAN LEGAL ASSOCIATION.

BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.

General Secretary, 34th U.C.C. ( A.P.),                     
National Vice president, All India Christian’s Council,

Legal Chairman,  All India Christian’s Council,

 

Core Committee Head, For drafting Act of "Protection of Christian Properties" In Andhra Pradesh. 
Ph:+91-9866545086,

E-mail: rajcarey@yahoo.com



 

Dhanasekar (Advocate)     09 June 2015

Thank you very much indeed for all your advises


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