652+ Lawyers are online 
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 ?
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.
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.
Helpful?
45+
45+
Adv. B. Srikiran
Hyderabad | 500+ Answers
CONTACT NOW
Who can file a writ petition?
Any person who believes that the State has violated their Fundamental Rights can file a writ. A Public Interest Litigation allows any person who is public-spirited to file a writ in the publics interest, even if their Fundamental Right was not violated. 19-Jan-2023
Can an association file a writ petition?
S.C.C. S.C.C.
Can a private company file writ petition?
According to the Supreme Court, writs cannot be issued against private persons or organizations. 29-Aug-2023
What is the Supreme Court Judgement on NGO?
The decision on non-governmental organizations (NGOs) sheds light on RTIs (Right to Information) undiluted powers. What is the verdict? The Court held that the RTI Act 2005 Section 2(h), which defines a public authority, includes NGOs who are substantially funded by the government.
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.
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.
Helpful?
25+
25+
Adv. Rajagopalan
Hyderabad | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
