Difference between discharge and quash
Ranganath
(Querist) 17 July 2009
This query is : Resolved
Ld counsels,
What is the main difference between discharge and quash in a criminal proceedings. What is appreciatin of evidence and appreciation of materials gathered during investigations. Does this appreciation occur during the disposal of discharge if not in quash.
Some quash judgements say that "the materials gathered during investigation doesnot make out the alleged offense." So while quashing will there be appreciation of materials (if not prosecution/defense eidence).
Please clarify.
Jayashree Hariharan
(Expert) 17 July 2009
Discharge is temporary relief, where the person can be made liable for his act, for the same reason anytime, again.
Quash is termination of case. It cannot be resumed, except by appeal or review. It is almost permanent in nature.
Tabassum Dalvi
(Expert) 18 July 2009
while considering the question of quashing criminal proceedings, the higher court is required to look at the prima facie allegations made out in the complaint without looking into the facts of the case.If the allegations against the accused do not meet the ingredients of the offence, no case is said to be made out prima facie. In absence of a prima facie case made out in the complaint against the accused, the complaint is liable to be quashed.
Swami Sadashiva Brahmendra Sar
(Expert) 17 July 2009
