LAKSHMI PODDAR Vs. STATE OF U. P.

JUDGEMENT

(1.) By means of instant Criminal Revision the revisionist has assailed the judgment and order dtd. 23/12/2023 passed by learned Additional Chief Judicial Magistrate, Court No.2 Gorakhpur in Complaint Case No.221 of 2004 (Alka Rani Vs. Rajesh Agarwal and others), whereby application for discharge under Sec. 245 Cr.P.C. moved by accused persons Rajesh Agarwal, Maya Devi, Lakshmi Poddar @ Shikha Poddar and Sunita Tulsyan has been dismissed by the trial court.

(2.) Heard Sri Anil Kumar Srivastava, Senior Advocate, assisted by Sri Ravi Yadav, learned counsel for the revisionists, Sri Yogendra Singh Yadav, learned A.G.A. for the State and perused the material on record.

(3.) The facts leading to filing of present revision are that the complainant/respondent No.2 initially moved an application under Sec. 156 (3) Cr.P.C. before the Court of Judicial Magistrate Ist Gorakhpur on 9/8/2004 which was registered as Misc. Application No.221 of 2004 with averments that her marriage with opposite party No.1 Rajesh Agarwal was solemnized 14/4/2002 according to hindu rites and rituals in arranged manner. She was send off to her matrimonial home after marriage. However just after her arrival at her matrimonial home her mother-in-law, brother-in-law and sisters-in-law began to tease her for not bringing sufficient dowry and when she objected to this, they gave her beating, she suffered this mall treatment and observed her matrimonial obligations after sometime of marriage she came to know that her husband is suffering from illness. He used to suffer lunatic bouts from time to time and his family members were taking advantage of his situation and did not try to treat him. His family members used to provoke him against her and on their provocation her husband used to beat her. She also came to know that her husband was previously married to one Smt. Meena and she was also subjected to matrimonial cruelty for demand of dowry and ultimately the marriage was broken and FIR was lodged by father of Meena against her husband and family members under Sec. 323, 504, 506, 498A of IPC. The family members of her husband exerted pressure on her to get her third pregnancy aborted and when she did not agree to this, they abused and harassed her. During that period she knew that these people were trying to kill her and they turned her out from their home after sometime, she reached at her parental place any how. She delivered a male child on 1/11/2003 in private hospital at Gorakhpur. Her in-laws and husband visited her, but did not spend any money. Her sisters-inlaw Lakshmi Poddar and Sunita Tulsyan and other family members were also exerting pressure on her to get her pregnancy aborted.