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How to quash false Domestic Violence case


18-Dec-2023 (In Criminal Law)
how to get stay for the domestic violence case running in trial court and how to appeal in high court under section 482 to quash false domestic violence case. I am Hindu.
Answers (2)

Answer #1
717 votes
An arbitrary process which can be proved to be an abuse of the process of law can be quashed and set aside by the high court. The lawyer shall be required to examine the facts and averments taken on record by the lower court in the DV complaint and then go ahead with the same. Contact me for further details

Answer #2
686 votes
Sir
Subject to the fact of the case, you can file Petition in the High Court u/s 482 of the Criminal Code, praying for Quashing of the impugned Complaint filed by the wife under the Domestic Violence Act. The court may after considering the facts of the case and hearing the parties, grant initial stay against further proceedings of the Compliant.

You have not provided facts of the case so it is not possible to opine on its merits. Please contact with case papers for opinion on merits of the case.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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