Discharge in 498a as per 239crpc

Hi, I am facing 498a charges. Chargesheet has not filed even after year. I am expecting chargesheet in sometime. Can we file crpc 239 discharge application. What is best time to file. I have all evidence of my complete innocence. Let me know if discharge application filing process. How JMFC looks at this?

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P. Venu (Advocate) 18 December 2017

A discharge petition is maintainable only if the charge report taken as a whole and accepted in its entirety does not amount to ingredients for the offence(s) alleged.