Fir under 498a and 406 (charge sheet filled )

Do not rely upon the judgments which may not be relevant to your situation. 

You can file a discharge petition on the grounds you depend upon and not on any judgment which may  not be related to your situation.

Para 32 of the judgment is passed with the backdrop of some other facts of the case, which may not befitting in your case, read the judgment with its ratio again before submission.