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Can we go for discharge or quashing??? What should be done


10-May-2023 (In Criminal Law)
Judge has given some statements for a 376 and 417 case that even after submission of chargesheet the offence is not made out. He has also said that relationship was consensual in nature. What should i do?nnThe above details are from pre-arrest bail.
Answers (5)

Answer #1
531 votes
hello client as a matter of fact you have described above so in this matter we would like to go throgh the full case file after going through the full fact as per the court case file . so we can understand the nature and condituon on which judge is giving this statement although as per supreme court have issued the directions the discharged willnot be allowed .either quashing or directions of high court is required in your matter.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

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Answer #2
873 votes
Hello Sir. This is Adv. Shrikant Samantara. You may definitely go for quashing of FIR under section 482 CrpC before the Hon’ble High Court if prima facie offence os not made out from FIR, and etc. Feel free to contact for further queries. Regards.
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Advocate Shrikant Samantara

Adv. Shrikant Samantara

LawRatoDelhi | 100+ Answers
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Answer #3
783 votes
We can move to the appellate court. But this information is not enough to answer your query will you please provide the complete details. In any case we have a remedy to move to the higher courts. To establish an offence section 376 of IPC we need to evidence to proof it . If the evidence is not strong enough for conviction.
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Advocate Neeraj Kumar

Adv. Neeraj Kumar

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Answer #4
735 votes
On that basis you can always approach the High Court with the quashing petition and summon the opposite party. And if the relationship was consensual in nature then you can pressurise the opposite party to withdraw the FIR. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #5
915 votes
If thecase is not made out against the accused as per the allegations mentioned in the Fir, then go for secrion 482 quashing of Fir. If the chargesheet is filed, then move an application for discharge under section 227 crpc before the court frames charges against the accused. This will be very much in your favour, provided, all the efforts are made in the right direction.
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Advocate Sujeet Notwal

Adv. Sujeet Notwal

LawRatoDelhi | 400+ Answers
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