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MrDinoMorea (O)     06 November 2013

Quashing domestic violence case

Can a false domestic violence case be taken to the high court for quash by the husband?


Under what section of IPC does Quash come?



Learning

 4 Replies

laxmi kant joshi (instructor)     06 November 2013

Yes , if the district court and session court give their decision against you then you may proceed to high court for making appeal. 2. You can file a petition u/s 482crpc to quash the fir.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 November 2013

Dear Querist

the Domestic violence case is a private complaint & under section 482 of Cr.P.C.  

IPC section will not be applicable in Quashing petition.

dv (ghvhb)     06 November 2013

I haved filed for quash under 482 in dv and is maintainable in Mumbai

Samir N (General Queries) (Business)     07 November 2013

For the first time Nadeem bhai has given any legal advice. Usually his advice is limited to "I agree."

In this case, I agree with Nadeem Bhai's opinion. He is right you CANNOT quash a DV complaint anymore. May be some HC may have a different verdict but the trend appears to favor against quashing. I doubt there is a Supreme Court opinion on it to bring in uniformity across the HC variations.


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