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NM (j)     01 June 2017

Discharge or quash

What is a better option in a 498a case: 1. Discharge in Trial Court : There are no prime facie evidences against the accused. 2. Quash in High Court : FIR registered doesn't have the jurisdiction 3. Can Discharge petition and Quash petition be filed simultaneously in their respective courts?


 2 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     28 June 2017



I beleive the quashing of the FIR is the better option .... 


Warm Regards 

Kapil Chandna Advocate 



If you go for quashing in the Trial Court, that is, in case of 498A, Magistrate Court, you have two forums which you can approach in case your discharge application is rejected. First, to the Session's Court in revision and to the High Court, from the order of the Session's Court in a Writ Petition.

Also, if the division bench of the High Court rejects your petition for quashing, it is very unlikely that your discharge application will be allowed later.

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