GYAN PRAKASH VISHWAKARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants as well as learned A.G.A. appearing for opposite party No. 1.

(2.) This petition has been filed by the applicants to set aside the impugned order dated 24.04.2019 passed by Additional Sessions Judge, Room No.2, Pratapgarh in Criminal Revision No. 178 of 2018 and summoning order dated 01.10.2018 passed by Chief Judicial Magistrate, Pratapgarh.

(3.) Learned counsel for the applicants submits that applicant No.1 is the husband of opposite party No.2 and whole family of the applicant No.1 has been roped in the complaint case filed by the wife of applicant No.1 and the Magistrate without applying its judicial mind, has summoned all the family members of the applicant No.1 to face trial under Section 498-A, 323, 504 I.P.C. and Section 4 of Dowry Prohibition Act. He further submits that a revision filed against the summoning order has also been dismissed by the revisional court. The only argument which has been put forth by learned counsel for the applicants is that the marriage in between the opposite party No.2 and applicant No.1 was solemnized on 02.03.2014 and within five years of the marriage the relation in between them became strained. He further submits that the applicant No.1 and opposite party No.2 (Smt. Archana Vishwakarma) being the husband and wife, no serious efforts has yet been made to harmonies the relation in between them and if some serious efforts are made in this direction, there is every hope of settlement in between the husband and wife and perhaps the matrimonial discord may result into a peaceful married life, therefore a chance be given to the parties to settle their dispute amicably possibly through the instrumentality of mediation.