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Quash petition vs discharge petition


06-Oct-2023 (In Criminal Law)
I have got AB in 498a,306 filed by my wife..1)now should I go for quash petition in high court or discharge in lower court..2)Also if quash petition is rejected, will it harm if I go for discharge in lower court...3)what are the average charges of advocate for quash petition in high court mumbai ..kindly respond through mail, will not be able to pick call
Answers (3)

Answer #1
932 votes
hi

in this case it is advisable that you should go for quashing application before the hon'ble high court

if the said application is allowed then all the proceedings before the trial court will be quashed.

the quashing application does not bear any effect on discharge application

Answer #2
551 votes
quashing petition is advisable rather than moving in the lower court seeking your discharge from the court..
if discharge is rejected by the court then you may have to approach the High Court again for quashing of your FIR.
police will not act quickly on a discharge application than it will act upon a quashing FIR by an order from the High Court.
Answer #3
738 votes
Dear sir , you can use both the remedies not at all problem , for quashing of FIR in highcourt you can hire any lawyer how practice before the highcourt for quashing using junior lawyer charge around 70k to 1 lakh depends upon the case to case for quashing charges are 20k to 40k depends about lawyer to lawyer

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