sanjeev rajpurohit 08 October 2024

Fir under 498a and 406 (charge sheet filled )

RESOECTED SIR
ACHARGE SHEET IS BEING FILELED ONLY AGAINST HUSBAND UNDER 498 A AND 406 TRAIL NOT STARTED CAN WE GO DISCHARGE APPLICATION ON THE GROUND OF ACHIN GUPTA V/S STATE OF HARYANA DATED 03/05/2024 AS PER PARA 32 THAT IN ABSENCE OF 323 AND 506(2) THE 498 A BEING NOT APPLICABLE PLEASE GUID

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Quick Summary

This discussion concerns filing a discharge application after a charge sheet has been filed under sections 498a and 406 of the Indian Penal Code, but before the trial has commenced. The user is seeking advice on whether a discharge application can be made, specifically referencing the case of Achin Gupta v/s State of Haryana, dated 03/05/2024, and its para 32. The core argument is that if sections 323 and 506(2) are absent, section 498a might not be applicable. Advice is given to carefully consider the applicability of cited judgments to the specific facts of the case.

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T. Kalaiselvan, Advocate (Advocate) 08 October 2024

Do not rely upon the judgments which may not be relevant to your situation.

You can file a discharge petition on the grounds you depend upon and not on any judgment which may not be related to your situation.

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Dr. J C Vashista (Advocate ) 09 October 2024

Para 32 of the judgment is passed with the backdrop of some other facts of the case, which may not befitting in your case, read the judgment with its ratio again before submission.

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