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Discharge in 498A,377,494,323,504,506,34 case before trial
07-Sep-2024 (In Criminal Law)
My wife filed a FIR under acts 498A,377,494,323,504,506,34 against me and my family in 2021. Chargesheet has been filed and all accused are on bail. I filed a DV in Aug' 23 and now the complainant has agreed to Divorce on Mutual consent and she has agreed to support/withdraw the allegations in court. Charges have not been framed yet.
I want a discharge. Is it possible from trial court (sessions court) or should i approach High court?
If your wife is ready for divorce by mutual consent, you both can form consent terms taking back all allegations against each other.
Yes you can file a discharge application in sessions court or go for quashing by consent before the High Court.
Yes you can file a discharge application in sessions court or go for quashing by consent before the High Court.
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Adv. Rahul Mishra
Mumbai | 200+ Answers
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Well, if you need Cleanchit in the lodged FIR, then, you can file a case of Quashing of FIR and Criminal Proceedings in the concerned High Court having jurisdiction in your case. You can file a Quashing Petition in High Court only, not in Sessions Court for Discharge.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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