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Should we go for quash or discharge?


24-May-2023 (In Criminal Law)
bail order: The informant has not raised any grievances against the applicant for the said discord on account of marriage. The applicant has placed on record one chat in between them wherein, the informant texted a message that she is not going to marry him but will ruin him. both are major by age and have voluntarily chosen to enter intonsexual relationship even they stayed together at respective placesnas a spouse. The discord between them cannot be said to be anoffence of rape at this stage.
Answers (2)

Answer #1
981 votes
Well, the Court has observed in its Bail Order, that, Offence of Rape cannot be made out against the accused, as both the Complainant and Accused had indulged in consensual sex with each other and as such, no promise of marriage was done by the accused before indulging in hardcore sex with the complainant.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #2
677 votes
You can go for either of discharge or quashing. However, I would suggest you do for discharge. Reason being the courts have multiple times said that the Applicant shall first go for discharge and in case the Discharge Application is rejected, only then file a Quashing Petition. Do contact for further details and suggestions.
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Advocate Rahul Mishra

Adv. Rahul Mishra

LawRatoMumbai | 200+ Answers
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