D V K KUMAR 06 May 2017

Discharge in 498a ipc

Dear Experts,

I am posting an issue.

Husband filed divorce against wife. Notice issue. Wife accepted notice and filed DV Act case agaisnt Husband and relatives of him at Indore, in which wife accepted filing of divorce case aganist her in her plaint supported with wife affidavit. After one month of filing DV case, Wife filed FIR u/s 498a, 506, 34 IPC. Husband and his family members. AB agranted to all of them. Husband argued over chages, Magistrate dropped 506, 34 IPC and framed 498a IPC over them.

Please note :- Husband infomed all police station including Mahila Thana, Indore, regarding divorce case of his along with sending Order of Hon'ble Principal Judge, Family Court through Registered Post just after filing of his divorce case. Husband has the original copy of all sended registered post reciept. None of the post returned to the husband, till now.

Now Husband filed application u/s 91 crpc in the court for providing Registered Letter which husband written to the OIC Mahila Thana along with annexures including Order of Family Court Judge; Case Diary, chargesheet, and date wise colleciton of evidence from police which is in their possession. Magistrate accepted the application but ask husband to take the desired document through RTI.

My question :

1). If Mahila Thana provides above mentioned letter written by Husband that includes order of Family Court, which proves that Mahila Thana were having full knowledge of Divorce agaisnt complainent Wife, before filing/ registering FIR agaisnt Husband and relative. Can Husband apply to Magistrate court for Discharge ?

2). On what grounds/ seciton of law can Discharge petition can be filed at aforementioned Stage ?

3). Please provide copy of Discharge Petition ?

Urgently Requested.

Best Regards

DVK

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 May 2017

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:
# Your application should state Grounds for discharge and show that no prima facie case is made out.

# 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.