{"id":3273,"date":"2015-07-07T14:45:00","date_gmt":"2015-07-07T14:45:00","guid":{"rendered":"http:\/\/www.wakilsahab.in\/news\/difference-between-498a-quash-and-discharge\/"},"modified":"2025-02-01T18:10:34","modified_gmt":"2025-02-01T18:10:34","slug":"difference-between-498a-quash-and-discharge","status":"publish","type":"post","link":"https:\/\/www.wakilsahab.in\/news\/difference-between-498a-quash-and-discharge\/","title":{"rendered":"Difference between 498a quash and discharge"},"content":{"rendered":"
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Guys,<\/div>\n
<\/div>\n
I would like correct the understanding of you guys. <\/div>\n
<\/div>\n
Discharge<\/u><\/span> <\/span>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<\/u> and it will be filed only at the Lower\/Trial Court. <\/span><\/div>\n
<\/div>\n
Lower\/Trial Court<\/u><\/span> 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.<\/div>\n
<\/div>\n
Quash<\/u> <\/span>can be filed at any stage during case life cycle as it is based on the principle of <\/span>“Abuse of Process of Court<\/u>“. <\/span>You can file quash under CrPC 482<\/u> 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).<\/span><\/span><\/div>\n

<\/span><\/span><\/div>\n
Whether Quash has more success or Discharge has more success ?<\/u><\/b><\/span><\/div>\n

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

    <\/b><\/u><\/span><\/div>\n
    My experience is Quash may be better than Discharge (Unless discharge is at Sessions Court). <\/div>\n
    <\/div>\n
    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. <\/div>\n
    <\/div>\n
    The quality of JFMC is Zero on a scale of 1 to 100. <\/div>\n
    <\/div>\n
    Sessions court discharge is different ballgame as quality in indian judicial system starts from Session Court onwards. <\/div>\n
    <\/div>\n
    <\/div>\n
    \n
    Hi,<\/div>\n
    <\/div>\n
    1. Quash will be done in HC where your case is in FIR stage. i.e., before the charge sheet.<\/div>\n
    2. Once you receive the charge sheet copies from local court then after that you can apply for DISCHARGE . Argument will<\/div>\n
        be there between your advocate and APP,  then Discharge will be done in local court based on the charge sheet   <\/div>\n
        statement.<\/div>\n
    <\/div>\n
    Thanks & Regards,<\/div>\n<\/div>\n<\/div>\n<\/div>\n
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    \n\t\t\t <\/div><\/div>\n\t\t