STATE Vs. VIKRAM CHHABRA

JUDGEMENT

(1.) The present Revision Petition has been filed after a delay of about 231 days. The reasons given are the usual bureaucratic delays with regard to movement of the file through various stages.

(2.) I have also gone through the petition on merits and I find that the learned Additional Sessions Judge in his impugned order dated 24.2.2000 has examined the matter in detail and has discharged the accused of the alleged offence under Section 498A as well as under Section 306 IPC. He has come to the conclusion that there was a temperamental incompatibility between the deceased and her in-laws and that was the root cause of all the troubles. He further noted that intention is of utmost significance to constitute abetting. The abettor must have intention to bring about a certain object. As regards the offence under Section 498-A IPC, he noted that the same is made out only when the conduct of the husband or in-laws is willful. In the present case, he found absolutely nothing to suggest that Pooja was subjected to willful harassment or that the intemperate remarks of the mother-in-law were intended to force her to commit suicide. He further noted that for nearly two months before the incident she had been living in her father's house and he concluded that there was absolutely nothing to indicate that the husband or in-laws wanted to drive her to commit suicide or abetted suicide in any manner. Accordingly, he held that if the accused persons are made to stand trial under Section 498-A or Section 306 IPC, it would be an exercise in futility and thereby discharged the accused.

(3.) Having considered the arguments advanced by the learned counsel for the petitioner at this stage of admission, I find that although a case has been made out for condoning the delay, this peti4tion is not maintainable on merits inasmuch as the impugned order cannot be faulted.