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HC denied quashing DVC U/s 482 CrPC saying DVC is civil what to do


14-Aug-2023 (In Family Law)
Andhra Pradesh High is routinely denying quashment U/s 482 CrPC of domestic violence cases citing reasons that "Domestic Violence Cases" are civil in nature. Family members of husband who have been living in different cities and who have never lived together in share household are being falsely implicated in Domestic Violence cases. The trial court is declining "Discharge" citing reason that "Discharge" is not maintainable. High Court is dismissing the quash citing reason that DVC is Civil ... Literally transforming the DVC as a licence to falsely implicate every one and any one. Can we approach the Supreme Court seeking directions to instruct the High Court that quashment U/s 482 CrPC in DVC cases is maintainable ?
Answers (2)

Answer #1
918 votes
Dear Sir, The Supreme Court held in the case of I.G.Grewal v State of Punjab and Anr. [(2011) 12 SCC 588] that DVC proceedings can be quashed under Section 482 Cr.P.C. You could have taken help of the above judgement and similar other precedents when you approached High Court for quashing the DVC proceedings. The High Court entertains quashing of DVC proceedings provided one would need to establish that quashing is necessary to prevent abuse of process of any court and to secure the ends of justice. You can file writ petition ( Writ of Certiorari) in Supreme Court under Article 32 of the Constitution of India for exercise of its extra ordinary powers for reviewing the decision of the high court. Feel free to contact me if you need any help.
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Advocate B. Srikiran

Adv. B. Srikiran

LawRato Hyderabad | 5+ Answers
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Answer #2
672 votes
Hi DVC cases in general are civil cases and High court do not have powers to quash a case under Domestic violence act under Section 482 Cr.P.C. However you can always apply to trial court for discharge in a DVC Case and if the trial court is declining make an appeal to the Sessions court under section 29 of DVC Act and you will get your discharge order if the complaint does not reveal any direct allegation against the family members.
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Advocate Rajagopalan

Adv. Rajagopalan

LawRatoHyderabad | 25+ Answers
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