Dismissal/Discharge In Dv Case

906 votes

Hello client... This totally depends on the facts and circumstances of your matter such as whether there exist a prima facie evidence against the respondent and various other matters. For a detailed discussion feel free to contact us. Regards Mehak Bhatia Advocate

Advocate Mehak Bhatia LawRato

677 votes

In a (mDV case, a discharge application can be filed to seek dismissal of the case when the respondent (accused) believes the prosecution's evidence is insufficient or contradictory. This is typically done under Section 239 of erstwhile CrPC ( and not under O7R 11, CPC (which applies to civil cases) which allows for the discharge of an accused if the evidence is not sufficient to warrant a trial. The court will consider the evidence and determine if the allegations are groundless, potentially leading to a discharge order. Basis the facts of the case the grounds can be taken and framed - typically to show that the case is motivated and there is not even basic evidence to show prima facie ( on the face of it) that any offence has been committed. Please feel free to reach out to us regarding further help.

Advocate Nishtha Agarwal LawRato

718 votes

The summoning order can be quashed if grounds are adequate. Also if grounds are not ample but there still is or are any reasonable ground through not sufficient you can still contest it and prepare the ground.

Advocate Vikas Sharma LawRato