Trial Discharge 498A

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.

Fir 2019

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Court order passed ex party