joy 04 April 2016

Discharge application u/s 239 in trial court

Hello Experts,

In FIR copy of my case IPC 498A, 323, 114, 506(2), 504 and DP 003, 007 sections are there. Case was filed in February, 2016. I am anticipating that chargesheet will be submitted soon.

I didn't opt for CRPC 482 quash because that will waste my precious time and instead I am going to fight for discharge. Me and my parents names are there in above FIR.

I have a recording of mediation in Police station and my wife clearly accepts that she has no problem with regards to dowry and its only small quarrel. Police asked her whether you can live with this person and she didnt say yes or no and then after a week FIR was registered because my father in law is influential person in his locality.

Can I submit all the available evidence along with discharge application u/s 239 or face the trial ?

I don't want my parents to suffer this false case for long and give them mental trauma during proceedings.

Please guide. Thanks

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2 Replies

yogendra (engineer) 04 April 2016

In discharge application,no new evidence can be introduced.You can argue only based on prosecution documents//

Adv Shrikiran.B (Advocate) 04 April 2016

Dear Joy,

There is no restriction for submitting evidences along with discharge petition. You can submit evidences along with your discharge petition. However, the court will not delve deeply into your evidence as the magistrate usually looks upon considering the police report and the documents sent to him by the police under Section 173 and after examining you based on the report and the statements, if the magistrate thinks necessary and after giving the prosecution and you an opportunity of being heard and based on the outcome of such hearing, if the magistrate considers the charge against you to be groundless, he shall discharge you and record his reasons for so doing.

Regards,

Adv. B.Srikiran

+919618069453