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Quash DV case - DIR is not present
18-Aug-2023 (In Divorce Law)
Fake 498A case: Current Stage is Hearing Before Charges and Fake DV case Current Stage: Order passed for Child Custody, visitation rights provided for Wife to take both Kids 2 days in a Month. Maintenance IA is still running and no Orders passed for same. Can I apply for Quashing DV case in High Court as DIR is not present/submitted?
Yes you can always go for quashing of the false FIR that is filed against you with all the evidence. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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Whether you have merits for getting the DV case quashed or no will depend on more details of the case. If you have good grounds, you can definitely go for quashing before the High Court. Kindly approch me for further discussion.
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Adv. Rahul Mishra
Adv. Rahul Mishra
Mumbai | 200+ Answers
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Sir, of course you may file a quashing petition before the Hon'ble High Court under Sec. 482 Cr.P.C. if you have solid grounds for getting the FIR quashed. Unfortunately the DV petition is civil in nature and therefore can't be quashed by the Hon'ble High Court. Though, if the FIR gets quashed it will have a big impact on that DV case. If you require assistance with that you may consult me in that regard. Good luck!
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Adv. Puneet Srivastava
Adv. Puneet Srivastava
Delhi | 700+ Answers
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Yes, you can file a case in the concerned High Court to quash a DV Case under Sec 482 of the CRPC, 1973, despite DIR has not been presented before the concerned Magistrate, this is mainly because, a Magistrate can take cognizance of an application seeking Relief under Sec 12 of the DV Act, 2005 without receiving DIR from the concerned Officer.
Sec 12 (1) of the DV Act 2005 does not mandate that an application seeking relief under the said D.V. Act must be accompanied with a Domestic Incident Report or even that it should be moved by a Protection Officer. So also, Rule 6 which stipulates the form and manner of making an application to a Magistrate does not require that the Domestic Incident Report must accompany an application for relief under Sec 12.
Hence, before a Magistrate takes steps to reply upon DIR, you can move High Court to quash false Domestic Violence Case.
An obligation to submit a Domestic Incident Report is imposed only on the Protection Officers under Sec 9 of the D.V. Act and upon the service providers under Sec 10  of the D.V. Act and the learned Magistrate ''shall' take into consideration, the Domestic Incident Report if it is filed and not otherwise.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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You can go for it you should have valid points for that submission and wuashing. If ur wife is wirking she will not get maintenance and if the kids are with you court will mot give much maintenance for further query plz feel free to call.
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Adv. Anupama Sharma
Adv. Anupama Sharma
Delhi | 200+ Answers
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