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how should a dv case be quashed and what are the evidence required?


28-Dec-2023 (In Divorce Law)
how should a false dv case be quashed after the common order of madras high court( crl op 28458/2019 dated 18th jan 2021)? should quash petition be applied at high court or from corresponding magistrate court? what are all the grounds and evidence required for applying quash petition?
Answers (3)

Answer #1
962 votes
Normally if case or complaint is not made out from the pleadings the case proceedings or complaint can be quashed. If you have any evidence in your favour then it must be dealt with during the trial. Evidence will not be looked into during quash proceedings.
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Answer #2
816 votes
quash case has to be filled only at madras high court. if you have real grounds that you have not committed any domestic violence on other party then it will be easy. like that you need clear evidence on that.

Answer #3
298 votes
To discharge DVC, you must file a discharge petition with the trial court. You can appeal the decision of the trial court to the Sessions Court under Section 29 of the DVC Act if the trial court denies your petition. The first respondent is not guaranteed to get discharge order. Only family members may.
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