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Difference Between Quashing Discharge And Dismissal Of Dv Case ?
05-Feb-2025 (In Domestic Violence Law)
What is the difference between quashing, dismissal and discharge of dv case ? What are the pros and cons of both ? Can they be done together ? Which is better with the intention of prolonging the case
Dear Sir/Ma’am,
You can file for the Discharge or dismissal before the Court adjudicating the matter, if the Court funds merit in your argument then it might dismiss the case. However, if in the case there exists no merit at all then you can approach the Hon’ble High Court for the quashing, though it will take some time but the Court does have the power to quash the Case. And speaking about the time quashing could take a little longer than the other forms.
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Adv. Sufiyan Firoz
Delhi | 50+ Answers
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Quashing of a FIR is done by the HC under its inherent powers. While, a dismissal & discharge are done by trial court/ DV court. Discharge or dismissal can only be done by the trial court after going through the merits of the case. while quashing can be pursued at any stage of the case (as it has to be applied parallelly in the High Court. Quashing is the time saving process, while Discharge or Dismissal is long processes.
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Adv. Ajay Raj Singh
Delhi | 25+ Answers
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