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?
MrDinoMorea (O) 06 November 2013
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?
laxmi kant joshi (instructor) 06 November 2013
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
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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