Dharshan (Advocate) 08 October 2018

498a - discharge or qash

Hello Sir,

My wife has filed 498a case on me, status of case is on PLEA & CHARGES FRAMING .

My laywer says to apply for Discharge, i am insisting for Qash in High court

which will be better and fast track, i need to come out of this situation .

kindly advice is my lawer is wrong or right whether i need to apply to Discharge or Qash.

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 08 October 2018

Dear querist,

Discharge is better.

Rest everything depends upon facts and circumstances of each case.

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

1 Like

TGK REDDI 09 October 2018

Quash is resorted to when the First Court dismisses the petition.

R Trivedi (advocate.dma@gmail.com) 10 October 2018

Discharge what?? When the stage itself is of charge framing! Wait for the trial court order on charge framing, only if you have incontrovertible evidence for your innocence or the complaint is nonsensical, the trial court may dismiss the complaint otherwise charges will be framed against you. After that only if you have solid grounds, not some kind of provable during trial, approach HC under S.482 for quash.

TGK REDDI 10 October 2018

Criminal Miscellaneous Petition for Discharge can be filed at any stage. Even before charges are framed. No necessity for awaiting the Order of the Court.

incontrovertible evidence nonsensical complaint

Beutiful language by Shri R. Trivedi.