LAWS(CHH)-2014-6-21

VINEETA KASHYAP Vs. ARUN SINGH KASHYAP

Decided On June 18, 2014
Vineeta Kashyap Appellant
V/S
Arun Singh Kashyap Respondents

JUDGEMENT

(1.) Questioning the legality and validity of the judgment of acquittal of offence under Section 498A read with Section 323 of the Indian Penal Code (henceforth 'IPC'), sole applicant/complainant Vineeta Kashyap has filed this revision under Section 397/401 of the Code of Criminal Procedure (henceforth 'CrPC'). The core facts required for disposal of this revision are as under:

(2.) Shri Rajeev Shrivastava, learned counsel appearing for the applicant/complainant would submit that the learned trial Magistrate is absolutely wrong and not justified in acquitting non-applicant No. 1 Arun Kashyap of the offence under Section 498A IPC. He would further submit that the contradictions and omissions are of trivial nature and, therefore, by recording the finding of acquittal, overlooking the material evidence, manifest illegality has been committed by the trial Magistrate. Therefore, the judgment of trial Magistrate acquitting non-applicant No. 1/husband deserves to be set aside.

(3.) On the other hand, Shri San jay Patel and Shri Aditya Sharma, learned counsel appearing for non-applicants No. 1 and 2, respectively would support the impugned judgment of acquittal.