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MrDinoMorea (O)     11 June 2013

What's the difference between "discharge" & "quash" of 498a?

What is the difference between "Discharge of petition" and " Quash of petition"?

How do we proceed for the same, and how do I know if my case is one such that can be discharged/ quashed?



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 2 Replies

Sonia Dhamija (Advocate)     12 June 2013

It is not the "discharge of petition" but "discharge of the accused".

 

If it is a criminal matter, then usually it is called "quashing of complaint" and not "quashing or petition".

 

When the criminal complaint against an accused is quashed, it also amounts to discharge of the accused. 

 

If there are more accused persons than one, or if the charge sheet has already been filed in the court, then a single accused can also apply for discharge. 

Chetan Joshi (Advisory/Advocacy)     12 June 2013

Discharge is at the stage when the arguement is about fixing charges and quashing is for the petition itself.

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


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