FightForCause (Businessman) 06 April 2014

Single respondent 498a - should i go for discharge

Hi All,

498a , 406 , 323 , 504 , 506 filed and i am on regular bail, chargesheet filed 3 months back.

Looking at the Chargesheet my lawyer says i should go for a discharge, but i have read many places single accused discharge is very rare. Also my wife is out of India for next 6 months.

What will be better - To go for discharge or frame charges and bring the case to witness stage.

My personal feeling is to get aquittal and also proceed with divorce.

A parallel DV case is also running in the same court.

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4 Replies

uphar upadhyaya (na) 06 April 2014

You can proceed both ways, trial is better if c .s. shows infavour of u,divorse is another n seprate matter

Prashant Kanha (Advocate Uttar Pradesh ) 06 April 2014

filing discharge application is your legal right. You should file a detailed discharge application attacking all the aspects of your case, right from FIR to statements to taking of cognizance. Even if the judge will reject it, he will have to give sound reasons to your contentions for discharge. The best advantage of discharge application even if it is rejected is that from the order of dismissing discharge application you can read the mind of the judge in advance as to which points are hitting him and which are being rejected by him outrightly. And then you can be more focused in your trial.

dv (ghvhb) 06 April 2014

Very true prashantji Are you a lawyer or a victim Can you pm me your number , I need some advice please

498 A fighter (Advocate) 08 April 2014

I am single accused

my discharge application rejected on 10 june 2013

revision dismiss on 18 jan 2014 i am not going for quash as i know trial is best now

discharge judge made no solid ground and in revision also judge uses same so it indicate they dont have any solid point for conviction... quash is possible in my case but to harrass wife i am going through trial as i am sure i will get aquittal...

any suggestion is warmly wel come//