Q Slinger (NA) 30 July 2014

Dv discharge possible?

Hello:

MY DV case is on going and during last date they submitted their evidence affidavit. The next date will be evidence marking.

What I want to know is,

- is it possible to file discharge petition in DV now?

- If yes, under what section?

- DV is on parents, brother and me. Should I file for discharge for all of us at the same time?

- Any judgements that you can quote?

All help appreciated

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3 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 30 July 2014

To my knowledge, there is no Provision for filing discharge

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 30 July 2014

Dear Querist

file a discharge application under section 245 (2) of Cr.P.C.

245. When accused shall be discharged.

(1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.