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Arka Foundation ( A D R)     02 November 2010

Difference between Discharge and Quash

Dear Forum Members,


What is the difference discharge petition and quash petition

They are sought in which context and who has the powers to address

the said petitions


Asnwers Please


Thanks & Rgds



 9 Replies

N.K.Assumi (Advocate)     02 November 2010

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 :


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.

Lakshmi Prasad Nayak (executive member)     03 November 2010

I fully agree with Mr.  Zahid Sanwarwala.


rakeshfatehpur (Advocate)     04 November 2010

I am fully agree with Mr. Sanwarwala. It was described in few words.




Nasir Nazir Butt (Chief Patron)     04 November 2010

Mr. Zahid Sanwarwala has replied your query well.

Hursha (Director)     05 November 2010

In a criminal case, once the court discharges the accused for lack of evidence, the police can include the name of the accused in the chargesheet yet again, stating that they have found new evidence at a later date. However, if the case is quashed in the High Court, it is like acquital. The police will have to register a new offence if they wish to pursue and harrass the individual.

N.R.Kaushik (practicing Advocate)     28 December 2010

Discharge is very narrow the magistrate has to look into whether prima facie cases made out or not but when it comes to quash it is very broad the high court judge can look into technical points, irregularities in investigation, is there any abuse of process of the court, quashing the proceedings on the ground the parties have settled the matter amicably even if the offence is non compoundable

Vishwanath (business)     02 February 2011

Dear Zahid Sahab,

Can a disharge petition be moved before the trial court if the accused has no linkage with the alleged offense or that he has wait till filing of charge sheet. Kindly advise.



M.Sheik Mohammed Ali (advocate)     03 February 2011

very nice , Mr.zahid

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