Discharge petition in 498a

Rearranging in proper format.

Hi All,

498a FIR registered on Jan-2011.

Bail granted. Passport with court.

Chargesheet filed on March-2011 u/s 498a, 323, 504, 506(2), 114.

Below mentioned are the actual allegations as read in FIR and chargesheet.

Allegations as per chargesheet:-

1. All opponents taunted that material brought in dowry is like bhangar, not sufficient and that we expected more.
2. Finding faults in her house work, in-laws were giving her mental and physical torture.
3. Did not give her relief during her pregnancy.
4. Make settlement in maintenance case or your entire family will be killed.

We were asked by the court do we accept the charges, which we denied.

Since then till date nothing has moved in the court. Every hearing it is kept for evidence of Prosecution.

Wife and her lawyers don't come to court. She had appeared only once that was in the year 2011.

I am told that summons is to be sent to the applicant, which is pending. This is going on for last more than a year.

I am of the opinion that we can file for a discharge petition. Need guidance on the same.

I am told that Discharge u/s 239 crpc is to be done before filing of Chargesheet from court?

The other option is u/s 245 crpc?

Bare Act

• 239.When accused shall be discharged.-
• If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
•  
• 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.

Please help as to what should be my next move?

Never Give Up.

Seems u are part of andhra pradesh!!!!!!!!!

1.Discharge application will be filed after the charge sheet not before that.

2.Is it a joint family?if not you could have gone for charge sheet quash

3.For which section FIR filed and does the charge sheet contains the same ?

4.Does the investigation happened properly?If so are there any defence witness under section 161?

Agree with Rajendra.

Regards,

Thank you Rajendra and Shonee Kapoor for you prompt reply.

1.  I am from Mumbai and wife is from Surat, Gujarat. Cases are ongoing at Surat.

2.  Sisters stay separate in a flat on second floor.

3.  Mother, Father, two younger brothers and myself stay in another flat on first floor in the same building.

4.  When wife was with me, brothers were studying in college.

5.  Wife stayed in the 1st floor flat and never with sisters in their flat.

6.  Sisters have their own jobs, cooking everything separate since the begining. 

7.  FIR u/s 498a, 323, 504, 506(2), 114. And yes Charge sheet also contains the same charges and same sections and same allegations.

8. FIR on 5-Jan-2011. Charge sheet on 8-Mar-2011. Witness statements are dated 14-Jan-2011 and 16-Jan-2011.

9.  Charge sheet just says all opponents came together and taunted that material brought in Dowry is like bhangar. Used to find fault in wife's work. did not give her rest in her pregnancy and threatened that if compromise not done in maintenance  case wife's entire family will be killed. FIR also contains same allegations.

10. Charge sheet contains names of 8 witnesses, 6 from her side, 1 lady police constable from surat and police inspector from Surat who had come to arrest us. I don't know if these are under section 161.

Queries

1. One single petition of discharge for everyone or separate?
2. If separate will i be able to argue for my sisters petition?
3. I will definitely file for compensation and other cases post this discharge.
4. What else should I take precaution of?
5. Once discharge is filed, what trouble can the opposite party start ( police reinvestigation and calling now and then)?
6. I am of the opinion that prima facie no case is made out under any section as alleged.
7. Anything else?

Never Give up.

Once the charge sheet is filed then police part is over

first step is to file a discharge application and 498A gang will oppose normally.

If this is not successful then charge sheet quash and collect all your evidences saying you are innocent.

since you are in joint family chances might be less for quashing and you can contact a lawyer with FIR for best suggestion.

You can say your family living with your sister(father,mother,brother)  in the same city navi mumbai but u are living in mumbai that may help u little.

If you and your sister are part of same apartment the case will be little tight.

Sit with a lawyer and take the best suggestion

Experts can comment on this

Discharge and quash has to be discussed on merits with a competent lawyer of your choice.

The grounds you are stating are your side of story/ facts. However discharge/ quash can only happen on the material available on court file.

Also, most of the times quashing/ discharge is a waste of time/ money and resources.

Regards,

Thank you Rajendra and Shonee Kapoor for you prompt reply.

• I lived in flat no. 23 and my sisters live in flat no. 26, which are two different flats, one on first floor and the other on the second floor.
•  
• I met a lawyer a couple of days back and he said that i can file an application u/s 256 for acquit.
•  
• I have to do something in this matter as it is just getting prolonged with nothing happening (more than two years now). I want to start the same in one way or the other. At the same time doing things in the right direction. My lawyer will definitely not do this so i will be doing it on my own.
•  
• Do I file u/s 256 or u/s 245 for all in the same petition or sisters petition separate and me and my brothers and father's separate?
•  
• After charge sheet is it mandatory to send a summons to applicant/petitioner to be present only post which the proceedings start?
•  
• It would be very helpful if you let me know the proper procedure in 498a case step by step once it actually starts?
•  
• Can discharge be filed in DV.

Never Give up.

Normally for A1 lawyers will file a separate petition and others all in one petition.

After charge sheet court will assign a number  and summons will be servered and this will take 2months.

For more details please refer 498a.org website.Do mention your problem in 498A victims corner and go through the all the posts.

https://www.498a.org/forum/viewtopic.php?f=11&t=10948

 https://www.498a.org/forum/viewtopic.php?f=8&t=9888&p=55187#p55333

These questions have to be discussed on merits.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.