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vishak (manager)     02 November 2015

Second 498a discharge u/s 239 possible ?

Dear Experts

3.5 Yrs back, in July 2012, she filed false 498a, 406 and in that police gave FR (cleanchit) based on her acceptance that she filed false case out of anger and our settlement for a given sum and live apart. Then due to her greed, she denied for settlement and filed for FR protest. That is pending till date.

In Aug 2012 she filed Domestic violence and asked for maintenance and in that interim order is passed and i am paying monthly sum.

Later she filed in July 2013 another 498a mentioning that i went to her home and asked for dowry for living together. It is totally fake. we never met after first FR. But chargesheet was filed by IO for which charges are yet to be framed in Dec-15 hearing.

Is it possible to get discharge u/s 239 at this stage ?

Thanx in advance

 



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     02 November 2015

You can file a discharge application

vishak (manager)     02 November 2015

Sir - if u suggest some case law for reference, it will be helpful.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 November 2015

498a Discharge application can be filed at any stage of the proceedings as par  Section 245 of CrPC, It can also be filed Before framing of charges under Section 239 of CrPC.

Discharge application can be prepared with the documents received  along with charge sheet and any other documents that police have in their possession which could make the case strong for the accused may also be presented

keep in mind the following points while filing for 498a Discharge application:
1. Your application should state Grounds for discharge and show that no prima facie case is made out.

 2.The application can be submitted on any day not necessarily the date given for 498A case.  Sometimes, a Miscellaneous case number is given and heard separately with separate set of hearing dates. while in most often, it is heard under the same number of charge sheet case Criminal Case : C.C. No.. But under any method, the main 498A case is stopped till 'Discharge Application' is not disposed off.

vishak (manager)     02 November 2015

Thank u very much sir

Bal Mukund Shah(9826310378) (Advocate)     04 November 2015

sec.498 a IPC is countinty offence then we not told to applicabilty but you can give an application for discharge 


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