July 7, 2015
HomeUncategorizedDifference between 498a quash and discharge

Difference between 498a quash and discharge

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Guys,
I would like correct the understanding of you guys. 
Discharge can be filed only after the Charge Sheet is filed by the Police and Judge takes the cognizance of your case. Discharge is filed under CrPC 239 and it will be filed only at the Lower/Trial Court. 
Lower/Trial Court means, Judicial Magistrate of First Class or Junior Civil Judge for offences under 3 years of Punishment or Sessions/District court for offences under 7 years of Punishment.
Quash can be filed at any stage during case life cycle as it is based on the principle of “Abuse of Process of Court“. You can file quash under CrPC 482 at FIR stage and you can also file quash after chargesheet is filed. Even just before judgment is pronounced, you can file for Quash (but acceptance by High court judge needs a fit case on your Part).

Whether Quash has more success or Discharge has more success ?

It all depends on,
  1. How you present your case, 
  2. How strong is your Lawyer, 
  3. How weak opposite party lawyer is, 
  4. How strongly you lawyer can shut opposite lawyers mouth, 
  5. How genuine and liberal judge is (Even high court judges are also crazy from my experience), 
  6. your luck on that day,
  7. Judge mood on that day,
  8. Whether PP hands are greased by Opposite Party,
  9. How well your Lawyer can shut PP mouth,
  10. How well you present Citations in support of your Case.
Below are my postulates:

My experience is Quash may be better than Discharge (Unless discharge is at Sessions Court). 
I strongly believe that Judges at JFMC court are like kids in law and they don’t even understand your english, they dont even understand Law. 
The quality of JFMC is Zero on a scale of 1 to 100. 
Sessions court discharge is different ballgame as quality in indian judicial system starts from Session Court onwards. 
Hi,
1. Quash will be done in HC where your case is in FIR stage. i.e., before the charge sheet.
2. Once you receive the charge sheet copies from local court then after that you can apply for DISCHARGE . Argument will
    be there between your advocate and APP,  then Discharge will be done in local court based on the charge sheet   
    statement.
Thanks & Regards,

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