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Venkata Mohana Rao (Law Student)     06 June 2015

498a chargesheet_ can i go for discharge

Allegations mentioned in d chargsheet...

I started harassing my wife both physically and mentally, I addicted to alcohol and abusing he in most filthy language.  I used to suspect my wife's character on one pretext or the other.  We blessed with girl baby...I used to say everytime that the baby is not born to me....

Witness Statements of my inlaws and two security staff are same...

On plain reading it looks like the chargesheet is very weak and allegations doesn't atract 498A....

Can I go for discharge petetion ? If so US 239/245 ?

Is there anyway thing that I can do ??? please advise me




 7 Replies

Adv Shrikiran.B (Advocate)     06 June 2015

You can file discharge petition u/s 239 of Cr.P.C in the lower court when the case comes up for hearing. If the discharge petition is admitted and if the magistrate feels that there is nothing in the charge sheet aginst you and prima facie there is no case that can be made against you, will dismiss the charges and you would be acquitted. Also, if you feel that the chargesheet filed by the police is weak, you can seek quashing the charge sheet in High Court u/s 482 Cr.P.C. The Charge sheet would be quashed and you would be free from all the charges.


SOLOMON.RAJ (advocate/director)     06 June 2015

Dear Mr. Venkat Mohan rao,

                                          The following are remedies what you can seek legally.

The point of discussion here is if they are mere allegations and are not truths the best way to prove is during the course of trial.

As the law empowers women to exercise their rights according to the Minor & some Major acts and as we cannot convince any one or stop any one from filing these cases inspite of every one being aware of the fact that the Laws are misused and bused.

Hence, you need to defend and face the trial and prove that they do not have a case and that these are  all false allegations, and all this can be possible only when you get acquitted by the concerned jurisdictional courts.

If not you can go for " QUASH PETITION" seeking quash to the Apex court of the state i.e.  THE HIGH COURT.

As for the  discharge petition which you are talking about that can also be filed and your lawyer needs to file it but again the discretion lies on the Hon'ble courts whether to discharge you of this particular offence or not?

You are not guaranteed any kind of assured relief as the discretionary powers lie with the courts.

If you are acquitted you can file 'DEFAMATION' under the provisions of the CRIMINAL PROCEDURE CODE.

                                SOLOMON RAJ

  Advocate, High Courts of Andhra & Telangana

Joint Secretary, Christian legal Association ( New Delhi ,India)


 Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.

General Secretary, 34th U.C.C. ( A.P.),

National Vice president, All India Christian’s Council

Legal Chairman,  All India Christian’s Council,





But the remedies are all presumptions at this stage,unless the case comes for hearing.Apart from the apt advice of the above experts,U can file a discharge petition in the first motion itself,stating the defects of the chargesheet.

Nadeem Qureshi (Advocate/     06 June 2015

Dear Querist

Argue the matter on charge and try to get discharge order, if not possible and trial court frame the charge then file a revision petition before the session court against the charge.

Dr J C Vashista (Advocate)     08 June 2015

Let the court may decide the case on its merits, request  your lawyer to get you discharged on charge, which is prima facie not possible in these circumstances.

However, subsequently the witnesses, in their (individual) cross-examination can be compelled to speak truth so that the court has no option but to acquit on the merits of the case.

Whatsoever, no case of defamation is made out even after acquital.

Biswanath Roy (Advocate)     11 June 2015

As it appears in the given facts the allegations of harassment is not conforming with the requirements of Sec.498-A IPC.


Lacunae in the CS need to be challenged & argue for return of CS but if that stage has passed already then cite the lacuna in CS & also in the complaint copy. Refer contradictions in complainant's version in her other complaints before other authroties at diffeent times & study to find even more defects.


Be ready to file perjury application u/s 340 & also keep your application for malicious prosecution ready in hand. Defamation 499 & 500 can be filed at later stages.

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