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Discharge application for Domestic violence case


15-May-2023 (In Divorce Law)
Can respondent file discharge petition in Domestic violence case at counter pending stage?If yes,what is procedure?
Answers (2)

Answer #1
755 votes
In the case of domestic violence the court follows the code of criminal procedure. Depending on the initiation of the said domestic violence case you can file discharge petition under section 239 or 245 CrPC. Yes you can file the discharge petition before filing counter. Both sections permit for the same.
People also ask

How do you discharge a DV case?

The court will follow the criminal procedure code in the case of domestic abuse. You can either file a discharge petition under 239 CrPC or 245 CPC depending on when the domestic violence case was initiated. You can indeed file the discharge petition prior to filing counter. 15-May-2022

How do I write a discharge application?

The police report does not contain any facts or evidence. The material facts of the case are not known. The accusations against him are vague and unsubstantiated.

What is the discharge application under section 245 CrPC?

Description. The Magistrate may discharge the accused if, after taking into account all of the evidence listed in section 244, he or she finds, for reasons that will be recorded, there is no case made against him which would, if unrebutted by the other side, warrant his conviction.

What is the law on discharge application?

A discharge application provides a remedy to a person who has been maliciously charged. The law gives him the right, if the accusations made against him were false, to apply for discharge in the court concerned. 21-Dec-2022

  
Answer #2
537 votes
yes , if there are more one respondents , one of the respondent can file discharge petition.
suppose a sister in law might be the 2nd respondent and if she doesn't made any torture or violence against the petitioner she can move for discharge petition.

Regarding procedure , contact the advocates and they file a petition and they will prove your innocence

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Comments by Users

VETRIVEL
Good morning dear Advocayes. Could anyone please tell me the procedure for filing Discharge Petition in DV cases initiated by Private Complaint.

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