Rajkiran123 (Manager) 31 October 2014
Dear Sir,
Need your advise. I have been charged with false 498a and my lawyer is suggesting me that we go for discharge petition in lower court first that going for quash petition in highcourt. Please advise if this is a good approach to tackle this?
Q Slinger (NA) 31 October 2014
Your lawyer advise is sound. Although there is no particular order that discharge or quash should happen.
In fact, you can file for quash in HC and discharge in trial court, as long as there in no stay on the case from from HC. Having said that, if you are A1, until and unless there are absolutely no allegations against you in the 498a, quash is near impossible. I have seen plenty of SIF members (A1's) who failed to get their 498a quashed. After spending money and time, they did not get the relief.
What grounds are you filing the discharge?
BHUWAN RAJ 09839268489 (lawyer) 31 October 2014
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 31 October 2014
If it is criminal case the accused can be dischrage only before framing of Charge and after framing of charge there can be either acquittal or conviction?
Discharge :
i)When police submit a report before Magistrating stating that no prima facies case has been found out against the accused after investigation and prays for discharge of the accused.
ii)When a Magistrate after hearing the Defence Counsel of Accused finds that there is lack of ingredients against which he has been chargesheeted can be discharged.'
ii)When a Magistrate after going through evidence(evidence before charge) finds that there is not sufficient evidence against the accused hence he can discharge the accused.
Quashing :
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Quashing can be done by High Court only even at the initial stage of the case even before the appearance of the accused person.
Quashing can be done in non compoundable offences when Lower court refused to compound the cases if both the party have settled the matter amicably . High Court can quash the matter.
An F.I.R. can be quashed by High Court if it is find that the F.I.R. lodged is out of jurisdiction and does not disclose the offence.
Rajkiran123 (Manager) 01 November 2014
The false case has been filed after I have initiated the divorce case in different city. The FIR has baseless allegations like demanding of car,flat etc but they cannot prove that I did so.The evidence they submitted is just that few relatives have come to PS to give evidence and no material evidence submitted. Also the FIR is filed in a place where we never lived together other than visiting couple of times as this was my hometown.Please advise if discharge petition is feasible here?
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 November 2014
Both Discharge and Quash happens on limited legal grounds. And w/o knowing on what grounds your lawyer is advising; it is difficult to suggest.
These things need to be decided by reading the complete material on chargesheet. Which city/ state/ HC the case is in would also be a factor in decision.
Besides asking such questions without knowing the merits of the case would be answering just the heck of it without application of mind.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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