Filing DISCHARGE PETITION in DVC

504 votes

Yes, a discharge petition can be filed in a Domestic Violence Case (DVC), especially if the complainant (PW1) has admitted the innocence of R2 and R3 during cross-examination. Since the case is currently at the further evidence stage, you can move an application to discharge R2 and R3 from the proceedings. Legal Basis for Discharge in a DVC In DVC cases, the Magistrate has the power to drop respondents if there is no prima facie evidence against them. Since PW1 (the complainant) has admitted the innocence of R2 and R3, it strengthens the case for discharge. You can file an application under Section 239 CrPC (for discharge in criminal cases) or under the inherent powers of the Magistrate under Section 28(2) of the Protection of Women from Domestic Violence Act, 2005, read with CrPC provisions. Procedure to File a Discharge Petition in DVC Draft a Discharge Petition Mention that PW1 has clearly admitted that R2 and R3 are not involved. Highlight that there is no prima facie case against them. Cite relevant judgments where courts have discharged accused if the complainant's evidence does not support the allegations. Request the Magistrate to discharge R2 and R3 and remove their names from further proceedings. Attach Supporting Evidence Copy of PW1’s deposition (cross-examination where innocence was admitted). Copy of DVC complaint and charges. Relevant case laws supporting discharge in similar matters. File the Petition Before the Magistrate Court Submit the application to the same court handling the DVC case. Serve a copy to the opposite party (PW1) and the Public Prosecutor (if applicable). Attend the Hearing The court will review the petition and hear arguments from both sides. If the Magistrate is satisfied that R2 and R3 were wrongly implicated, they may be discharged from the case. Possible Outcomes If the Magistrate finds no evidence against R2 and R3, they will be discharged from the case. If the Magistrate feels further inquiry is needed, the case will proceed but with limited focus on actual accused persons. Would you like help drafting the discharge petition?

Advocate Mrudhula Jahnavi LawRato