Quashing Only in Non - Compoundable Offence ?

Querist : Anonymous (Querist) 29 May 2011 This query is : Resolved
There is a difference between Discharge application Quashing application but what is the difference in both

I know the meaning of allegation but the grave allegations means what where the grave allegation is defined or which allegation is called as a grave allegation because it has been said that SC has give a judgment which he has given the meaning of grave allegation & also were it is applicable. can any one put tat SC judgment there.

Quashing can be done in non compoundable offences? I think it is also applicable in compoundable offence also. Correct me if i am wrong.

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Arun Kumar Bhagat (Expert) 29 May 2011
Quashing application is filed in High Court if the accused does not want to go through the rigamoral of trial.Compoundable and non-compoundable,in both the cases it can be filed.Discharge application is filed before the trial court at appropriate stage in warrant procedure cases.

Bidhan Dave (Expert) 29 May 2011
I agree with Adv.Arun Kumar Bhagat.

Grave allegation is not defined. There is no straight jacket formula to decide grave allegation. Generally if an offence effects the whole society, it may be termed grave offence.

M/s. Y-not legal services (Expert) 29 May 2011
In my view, quash mean quashing the entire proceedings. Its mean quash allowed mean no case will be pending before the trial court. But discharge mean seeking permission to remove the petitioner alone so far as concern from the case proceeings. Its mean if discharge petition allowed mean except this petitioner against other accused or respondents the remaining case proceedings will be continue before the trial court

Guest (Expert) 04 June 2011
SIR,
KINDLY NOTE THAT
1.DISCHARGE APPLICATION CAN BE FILED IN THE COURT WHERE THE CASE IS PENDING.
2.WRIT PETITION FOR QUASHING FALSE CASE. SHOULD BE FILED AT HIGH COURT.
GOOD LUCK.

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