Yes. The lower court (i.e., the trial court) has the power to discharge an accused after the filing of the charge sheet. Once the accused is discharged, he will no more remain charged of that offence.
Second part of your question is not clear. Perhaps, you want to ask the question as to whether it is possible for a person (other than the husband) to get discharged from a criminal case under Section 498-A IPC and 406 IPC (it is not 306 IPC, as you have mentioned; and, 306 Cr.P.C. relates to tendering of pardon which may not be relevant to your question). If this is the question, then I may reply that legally there is no bar on the discharge of a third person (i.e., other than the husband). Now, whether or not such person will actually be discharged will depend on the facts and circumstances of each case and no general rule can be laid down in this regard.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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