When you are fighting the false cases you are impleaded with, we all know it is going to be a lengthy battle. Our effort should be to cut this to the minimum as much as possible.

Identifying applicability of these grounds in the complaint, FIR or Charge-sheet is the first task one has to do. Then search and procure the judgments applicable for the identified grounds. Later on draft your Discharge or Quash petition citing the identified legal ground and support them by giving a reference to the Judgments.

Discharge Petition

One of the ways is to apply for discharge of all respondents at Judicial Magistrate court citing the legal grounds under which the complaint/FIR/Charge sheet is not maintainable in the eyes of law and needs to dealt with accordingly. This can only be done any stage before the charges are ‘framed’ on the respondents/accused by the Magistrate. So strategy should be to wait for the charge-sheet to be taken cognizance by the magistrate and given a number for the case. Here, you will also try and highlight contradictory statements of these documents, to your advantage.

Of course, you can file discharge petition citing the legal grounds from just the complaint and the FIR. No need of waiting for charge sheet. We will then restrict ourselves to Complaint and FIR.

 

The discharge petition can be filed under Section 239 (for Warrant Case) in The Code Of Criminal Procedure, 1973 or Section 227 (Summons Case) in The Code Of Criminal Procedure, 1973

239. When accused shall be discharged. If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Judgments list available here.

227. Discharge. If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

Judgments list available here.

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Quash Petition

On similar note, Higher courts have powers under various sections and articles of constitution, to quash the FIR, Charge sheet, and any proceedings that are ongoing related to case like bails, mediation etc.

The discharge petition can be filed under Section 482 in The Code Of Criminal Procedure, 1973

482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice

 

See this page here to read and understand the legal grounds that you can cite in your discharge or quash petition.

Visit this page here to read the grounds to quash FIRs u/s 482 CrPC

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