Case filed in highcourt under crpc 482 for dv case

795 votes

Your husband’s filing of a petition under CrPC Section 482 in the High Court is an attempt to quash the FIR related to the police case involving Sections 498A, 34, 406, and 352 of the IPC. Section 482 empowers the High Court to quash any criminal proceeding if it is found to be malicious or without merit. 1. Effect on the Interim Maintenance: The High Court petition under Section 482 is not an appeal against the interim maintenance order. It is primarily aimed at quashing the FIR and police proceedings. Interim maintenance awarded under DV (Domestic Violence) proceedings or family law will continue unless your husband specifically files an appeal or revision against that order. The current petition will not automatically affect the interim maintenance unless specifically addressed. 2. Quashing Scope: If the High Court quashes the FIR under Section 482, it will only affect the criminal case registered against your husband (i.e., the police case involving 498A, 406, etc.). This will not quash the DV case unless there is a specific prayer for that as well. Therefore, the DV case and its orders (like interim maintenance) would continue in the lower court. 3. Appeal on Interim Maintenance: If your husband intends to challenge the interim maintenance order, he would have to file a separate appeal or revision specifically targeting the maintenance order in the appropriate court, usually the appellate court or Sessions Court if granted under the DV Act. Since you have noted that the case is in pre-admission stage in the High Court, it means the court has yet to admit the petition and issue notices to the other party. Until then, no final orders will be passed. For a clearer understanding of whether your husband has appealed the interim maintenance, it’s recommended to check the specifics of the petition filed in the High Court.

Advocate Kiran Ashok Gangurde LawRato

597 votes

call on this number seven zero five eight zero one nine one one six. we will discuss further. It will not be possible to elaborate the query here. So it will be better if we can discuss the issue on call.

Advocate Suraj Sanjay Gund LawRato

933 votes

Your husband has filed a petition under CrPC 482 and sections 498A, 34, 406, and 352 of the Indian Penal Code to quash the police case. The CrPC 482 petition is generally used to request the High Court to quash criminal proceedings that are frivolous or lack merit. This petition aims to quash the police case under the mentioned IPC sections. However, this will not affect your interim maintenance, as that is a separate issue under the Domestic Violence (DV) case or family court proceedings. Interim maintenance is generally governed under Section 125 CrPC or under the Protection of Women from Domestic Violence Act, and unless your husband has specifically filed an appeal against the interim maintenance order, it will not be quashed automatically. Since the case is still in the preadmission state in the High Court, the court has not yet heard the matter or passed any orders. Therefore, the interim maintenance order remains effective unless a separate appeal or revision is filed against it. You should keep track of the court proceedings for any updates on the case. It is advisable to consult your lawyer to understand the impact of your husband’s petition and to explore any legal steps you may need to take to secure your position.

Advocate Rohan Venkatesh Yemul LawRato

631 votes

The Petition filed by your Husband in the High Court u/s 482 CrPC is only for Quashing of FIR u/s 498A and not against your DV case. If your Husband succeeds, it will only Quash the FIR u/s 498A and not your DV Case and also your Interim Maintenance Order will not be affected. It is not an Appeal against your Interim Maintenance Order. An Appeal against the Interim Maintenance Order will go before the Sessions Court. Further the High Court cannot Quash the FIR without issuing Summons to you and you will have to be heard before passing any Orders.

Advocate Kamran Shaikh LawRato

757 votes

Well, As per the Criminal Section which you have stated under which your Husband has filed Quashing Petition under Sec 482 of the CRPC, 1973, from it, it is quite clear that your Husband has filed Quashing Petition to merely quash the FIR lodged against him.

Advocate Pankaj Bajaj LawRato