Discharge of person from FIR u/s 498A, 406, 34 IPC
Under Indian law, a person can be discharged from a First Information Report (FIR) if there is insufficient evidence to prosecute the accused. Section 498A, 406, and 34 of the Indian Penal Code (IPC) pertain to cruelty to a married woman by her husband or his relatives, criminal breach of trust, and common intention, respectively.
The discharge of an accused person from an FIR can occur in several ways: Closure Report by the Police: If the police investigate the case and find no evidence to support the allegations made in the FIR, they may file a closure report before the court. Discharge by the Magistrate:
The Magistrate may discharge the accused person if, after examining the evidence, they find that there is not enough evidence to proceed with the trial. Acquittal by the Court: If the accused person is tried for the offenses specified in the FIR, and the court finds them not guilty, they are acquitted, and the FIR is considered discharged.
In each of these scenarios, the accused person is considered discharged from the FIR, and they cannot be tried for the same offenses again. It’s important to note that being discharged from an FIR is not the same as being declared innocent, and the discharge does not prejudice the right of the prosecution to initiate a fresh trial if additional evidence becomes available at a later stage.