AKASH DEEP Vs. STATE

JUDGEMENT

(1.) THE present Revision Petition has been filed under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as, Cr.P.C..) against the order on framing of charge dated 17.01.2009 passed by learned Additional Sessions Judge, Karkardooma Court, Delhi, in Criminal case titled as 'State v. Akash Deep etc.' FIR No. 86/2008 registered under Sections 498 -A/306/34 of the Indian Penal Code, 1860 (hereinafter referred to as, IPC.) at Police Station Shahdara, Delhi.

(2.) ON the next day of incident i.e. 13.12.2007, statement of the father of the deceased was recorded by the SDM. In the statement, the father of the deceased did not make any allegation in respect of any demand of dowry, ill -treatment or harassment at the hands of the petitioner or his family members. Rather the father of the deceased had categorically stated that the deceased had no complaints from her in -laws as she was living happily with them and he had also specifically stated that he does not want any action against the petitioner and his family members on account of their being innocent.

(3.) ON 27.03.2008, an FIR was registered on a subsequent complaint made by the father of the deceased wherein allegations were levelled against the petitioner and his family members upon finding a suicide note written by his daughter (deceased) narrating the harassment and ill -treatment meted out to her at the hands of the petitioner and his family members. The complainant categorically stated that earlier when he gave the statement to the SDM on 13.12.2007, he did not make any allegations against the petitioner and his family members as he did not find the suicide note.