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498a victim please advice (o)     15 March 2021

Trial Discharge 498A

Once Trial started in ipc 498A, 2 witness cross done, now can accused file a Discharge application under sec 239 or 227 or 245 CrPC?

Please guide any alternative for discharge post trial started. ?

Trial delaying since more than 7 years.

trial expediting cannot do as there is a strike in lower court by advocate.

union advocates are doing only bail maters and compromise. advocate said due to strike contesting matter unable to start.

what is the next steps i have apart from quash. please guide


 2 Replies

Parasar   15 April 2022

what is the status now

Supinder Singh   16 April 2022

Punishment for an offense under Section 498A, IPC is imprisonment of up to 3 years and fine. So, on perusal of definitions given u/s 2, CrPC, it becomes clear that yours is a "warrant case"

The Code of Criminal Procedure, 1973 does not provide any provisions for the "Discharge" of the accused once a trial against him has begun. Discharge can be done only before framing of charge. In cases instituted through a complaint, the magistrate has to decide on the question of Discharge after the Prosecution Evidence.

In your case, if the "victim" had started the prosecution through the 'FIR' route, then you cannot file a Discharge application now. Since the Magistrate would have already framed charges against you, and only after that, he/she started recording the Testimony of Prosecution Witnesses. 

But, in case the "victim" started the 498A proceedings through a 'Complaint', then you can move a Discharge Application under Section 245, CrPC after the complainant has presented all its evidence. The Magistrate will decide your Discharge Application depending on the evidence presented by the Complainant.

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