Quashing of Domestic Violence case and 498A

2 years ago

Hi Sir,
I have applied a quash petition (DVC & 498A case) in Feb 2019 where in i had solid evidence to prove that my cases are false.
I have a CD wherein my wife's father demands 10-15 lakhs for mutual divorce or else he will file cases. And in the chargesheet for 498A the police clearly states that me taking "20 lakhs dowry and gold is far away from truth." We filed both the cases in HC at that time and the then chief justice (one day after it was marked called us). The then clerk warned us to be careful with that judge. I am sure he did not go through the evidences and simply dismissed my petitions. The public prosecutor told that my petition is very good and clear and advised me to approach SC and he also told that we will win the case there. Since from March 2019 we had strict lock downs we could not approach SC. Now we have got few more evidences(Petition filed by her, FIR and the police complaint has marked differences). So we can re-apply for quash again(change in circumstance). But i am only worried to see that xyz judge appearing in the HC list. My question:
1) Is there any rule that since my petition is looked by that judge previously , will it be naturally re-directed to that judge again by registrar.
2) Can't we choose a judge in HC , as i want to choose judge other than xyz (i think registrar directs to judge)
Request you to answer my above two points.

Thanks in advance