1. Pendency of DV case will b shown in PCC. 

2. to 4. Before filing DV case your wife might had approached police with complaint. Secondly DV is a criminal case filed in criminal court so Nayab Court being police official too is appointed in court. On court site also DV cae and status is available.

5. Then police will mention filing of DV case. 

6. yes. 

7. No. It is routine procedure. 

8. Your mother can file criminal and civil cases against wife. 

If wife withdraws DV case you would get clear PCC 

2) police would not mention DV was withdrawn 

3) your mother can file criminal defamation case against your wife 

4) as on date PCC would reflect pending case against you 

For issuance of Passport or Visa only the pendency of a criminal case arising out a FIR matters.

In such class of cases the DV case does not fall.

1. The police have nothing to do with the DV case hence there is no necessity to mention this in PCC 

2.Yes police will not have any records about DV complaint.

3. Police will not go into the details of DV case in its report.

4. Police will not be concerned about DV case 

5. If she withdraws or not the police report will not be impacted by the DV case in any manner.

6. You can contact any lawyer from this forum or outside.

7. No.

8. You cannot take any action on it because the court has discharged her whereas the complaint was made by wife and it is still pending.

DV is a civil wrong with criminal overtones.

Don't get perturbed to file case against your wife, instead find avenues to settle the matter.

G.Rajaganapathy

Advocate,

High Court of Madras

1. DV case is civil nature case , and there is no provision of warrant etc., hence police not having information of this case , and hence PCC will not affected from this case. 

2. Yes, you are right 

3. Only in the matter of Criminal cases , the police having record , and DV is not fully a criminal case even its trial is conducted by a judicial magistrate. 

4. You are right 

5. No record 

6. Only if there is no pending cases against you or you are already acquitted in the case , then only a defamation case maintainable. 

7. Anything possible if there is political interference 

8. Your mother can file a complaint against her under the provision of same DV Act for harassment , and she can also file a defamation suit against her daughter-in-law. 

Dear Client,

In the Present Scenario, the Police Clearance Certificate (PCC) usually shows whether there are any criminal cases or investigations against you. However, if there is no FIR or criminal case, the PCC usually indicates that there are no adverse police records though the police may still be aware of a domestic violence case through Non-Cognizable records or investigation reports, as DV cases may not always result in an FIR but can still be investigated informally. Further, Police usually do not have access to court records, but if a domestic violence case was filed, the police may be involved in the preliminary stages of investigation. But, if your wife withdrew the case, the PCC would generally reflect that the case was dismissed or disposed of, without explicitly stating it was withdrawn, indicating that there are no ongoing investigations. With respect to the false acquisitions made, you may file a criminal defamation case. Further, usually, political influences do not affect the PCC, as it reflects the factual details. Also, if your wife wrongly included your mother in the Domestic Violence case that was later dismissed, you may pursue criminal action against her.

Hope you find this answer beneficial for resolving the dispute.

You can file case for false prosecution against wife for your mother 

Dear Querist,

my opinion on your queries are as under:

Question :


1) what will be showing in the PCC?
opinion: they will written in your PCC report that there is no FIR or NC are available.

2) if PCC shows DV is pending but how come police got to know about DV? Police does not have access to DV court records right?
opinion: DV cannot be shown to anyone due to confidential hence police cannot get the details of the case until and unless the police has any order against you received by the Court in that DV case.


3) If police has found no FIR in their records how come police will know that DV is pending about me?
opinion: in DV case, if any order passed by the Ld. Trial court than generally, a copy of the same has to send to the concerned police station and if they received it than they may be mentioned the details of that case.


4) Police has only NC and FIR records in their hands right? so if DV with no FIR how come police will know about DV?
opinion: as above.

5) if my wife withdrawn the DV case what will be written statement in PCC in Mumbai? will it show DV was filed but its withdrawn or it will be clearly written like there is no adverse information against me. 
opinion: as above.

6) i want to file criminal defamation against wife. can any lawyer in Mumbai has done it before who can contact me?
opinion: contact the lawyer of your choice.

7) can police purposely mention DV was withdrawn in PCC just because of political influences?
opinion: they will mentioned as per their record and not otherwise.

8) wife has included my mother as well in the DV but she got discharged as it was false name added into DV. i want to a criminal action against wife. what action can i take?
your mother may file a criminal complaint for malicious prosecution or may file a civil suit for defamation and claim damages against her. You cannot file any case against her on this ground.

Malicious prosecution is criminal case 

the case of West Bengal State Electricity Board v. Dilip Kumar Ray, the Supreme Court defined malicious prosecution as “a judicial proceeding instituted by one person against another, for wrongful or improper motive, and without probable cause to sustain it.”

3) Malicious prosecution denotes the wrongful initiation of criminal proceedings. It is prosecution against a person without any likely cause that causes damages.

- A criminal complaint can be filed before the Judicial magistrate. 

A case for malicious prosecution can be filed in the court that has jurisdiction over the area where the wrong was committed.

Key Responses:

1. PCC Details:

   • PCC usually lists FIRs, convictions, and adverse police records. DV cases without FIR are unlikely to appear unless flagged.

2. DV Visibility:

   • DV cases are civil in nature and typically not part of police records unless tied to an FIR.

3. Police Awareness:

   • Police will not know about DV cases unless explicitly informed or tied to a police complaint.

4. Records Maintained by Police:

   • Police records primarily include FIRs and NCs, not standalone DV cases.

5. PCC After DV Withdrawal:

   • If DV is withdrawn, the PCC should state "no adverse information" unless specific details are requested during issuance.

6. Criminal Defamation:

   • You can file for criminal defamation under Section 499/500 IPC in a magistrate's court. Consult a lawyer in Mumbai experienced in defamation cases.

7. Political Influence:

   • If PCC is manipulated, you can file an RTI to check records or approach the court for redressal.

8. Action Against Wife:

   • File for malicious prosecution (civil or criminal, depending on damages and intent).
   • File for criminal defamation under IPC.
   • File for perjury if false statements were made in court.

Additional Queries:

1. Malicious Prosecution Nature:

   • It can be civil (for damages) or criminal (if intent to harm is proven under IPC). Consult a lawyer to decide based on your case specifics.

2. Where to File:

   • File in the District Court for civil claims or the Magistrate’s Court for criminal proceedings.

Recommendation:

• Consult a lawyer experienced in malicious prosecution cases in Mumbai.
• Ensure proper evidence to substantiate false claims and harm caused.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated and bring immense happiness to read it.

Thank you.
Shubham Goyal

Sir,

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