Regarding DVC Case Quash
2 years ago
Can DVC Case be quashed in High Court ? Some of them are telling that only FIR's can be quashed but not DVC case under sec 482. I have searched the net and could find that DVC can be quashed. Still have doubts in mind and not sure if DVC can be quashed in High Court and if so under what section. Please advise.
BANDARU RAJYA LAKSHMI
Responded 2 years ago
A.Dear client,
DVC complaint cannot be quashed by Highcourt. You have to file discharge petition in trial court to discharge the DVC. If the trial court is declining make an appeal to the sessions court under section 29 of DVC Act you will get discharge order. But first respondent may not get discharge order only family members of the respondent may get it.
If my suggestion is helpful to you kindly rate me
DVC complaint cannot be quashed by Highcourt. You have to file discharge petition in trial court to discharge the DVC. If the trial court is declining make an appeal to the sessions court under section 29 of DVC Act you will get discharge order. But first respondent may not get discharge order only family members of the respondent may get it.
If my suggestion is helpful to you kindly rate me
Helpful
Helpful
Share
A.Hi,
Section 482 CrPC confers the HC with an inherent power to quash an FIR or a complaint, upon satisfaction of well-established parameters. Under Section 482 CrPC – “nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice”. This provision confers the HC with an inherent power to quash an FIR or a complaint, upon satisfaction of well-established parameters.
Please rate my answer
Thank You
Section 482 CrPC confers the HC with an inherent power to quash an FIR or a complaint, upon satisfaction of well-established parameters. Under Section 482 CrPC – “nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice”. This provision confers the HC with an inherent power to quash an FIR or a complaint, upon satisfaction of well-established parameters.
Please rate my answer
Thank You
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Recently, in Neeharika Infrastructure Private Limited v. State of Maharashtra a three-judge bench of the Supreme Court pronounced a detailed judgment on the powers of the High Court, while adjudicating a petition for quashing of the FIR – filed under Section 482 of the Criminal Procedure Code, 1973 and Article 226 of the Constitution of India. This provision confers the HC with an inherent power to quash an FIR or a complaint, upon satisfaction of well-established parameters that have been laid down
Please rate my answer
Thank You
Recently, in Neeharika Infrastructure Private Limited v. State of Maharashtra a three-judge bench of the Supreme Court pronounced a detailed judgment on the powers of the High Court, while adjudicating a petition for quashing of the FIR – filed under Section 482 of the Criminal Procedure Code, 1973 and Article 226 of the Constitution of India. This provision confers the HC with an inherent power to quash an FIR or a complaint, upon satisfaction of well-established parameters that have been laid down
Please rate my answer
Thank You
Helpful
Helpful
Share
Read Related Answers
Domestic voilence
Dear Client,
You can file a civil case against the husband and in-laws under the provisions of Protection of Women from Domestic Violence Act (PWDV) and seek the remedy. Further, in case of cruelty co...
Family issuw
Dear Client,
If you're considering leaving home and seeking refuge in an orphanage or another safe environment, it's important to prioritize your safety above all else. You have the right to live in...
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Section 12 in The Protection of Women from Domestic Violence Act, 2005
12. Application to Magistrate.—
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved pe...
Please suggest on the steps and process to follow
Dear Client,
an FIR can not be transferred from one state to another and if the jurisdictional police station is not taking action against the same please file a complaint in the magistrate, where th...
husband torture to wife
Dear Madam,
You may immediately file Domestic Violence case and other cases to restrain your husband continuously committing such violence against you.
Read Blogs on Domestic Violence
Domestic Violence Lawyers
Find Lawyers by Location
