Discharge petition in 498,306 case
upendra
(Querist) 13 August 2013
This query is : Resolved
Sir,
a case of 498 against me , got regular bail in jfmc, later after two months ,death so 306 added for which got anti cipatory bail,now chargesheet filed by police after six months, date for 'commital' at jfmc and case will be transferred to sessions, I'm distant relative in this case with only allegation of indirect mental torture. I never met accuser and her family . They also don't have evidences . I want to file discharge petition , at what stage it should be , and which time/court , pl guide me .
Thanks .also FIR quash at high court is costly affair and can i claim all expenditure from opposite party in case of FIR quash. Because by simply making such allegation they made me to run here and there and spend on case.
Thanks
Devajyoti Barman
(Expert) 14 August 2013
You can not claim cost of litigation.
I think you have good case for quashing.
Rajendra K Goyal
(Expert) 14 August 2013
The quashing accepting rate is not encouraging. If you don't want to bear expanses, you may defend the case and get acquittal from the court.
Raj Kumar Makkad
(Expert) 15 August 2013
There is neither any ground for discharge or quashing if your name specifically has been mentioned in the FIR as well as in final report of the police.
