MOHD USMAN Vs. STATE OF U. P.

JUDGEMENT

(1.) The present Criminal Revision has been filed against the Order dated 02.09.2016 passed by Additional Chief Judicial Magistrate, Court No.12, Azamgarh in Case No.243 of 2014 arising out of Case Crime No.365 of 2011, U/s 498-A, 504 and 506 of Indian Penal Code (hereinafter referred to as "I.P.C.") and Section 3/4 of Dowry Prohibition Act, Police Station- Dedarganj, District- Azamgarh. Learned court below has rejected the discharge application of accused-revisionist by the impugned order dated 02.09.2016.

(2.) The brief facts of the case is that complainant- Smt. Kiswari Begam has filed an application under Section 155 (3) of Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") stating therein that opposite parties are in-laws of her daughter, namely, Shugufta Parveen. She was tortured by her husband and his family member in connection with demand of additional dowry and she was expelled by them from her matrimonial house. She prayed before Magistrate to pass an order for registration of First Information Report against her husband and his family member/revisionist. The Magistrate considered the prayer of complainant and passed the order to police station concerned to register the case under relevant sections and to investigate.

(3.) In compliance of the order of Magistrate Police Station- Dedarganj, District- Azamgarh registered the Case Crime No.365 of 2011 under Sections 498-A, 352, 323, 504 and 506 of I.P.C. and Section 3/4 of Dowry Prohibition Act, against revisionist. After due investigation, police found the prima facie case against the accused-revisionists and submitted charge-sheet against them, upon which Magistrate took the cognizance on 21.09.2012. Subsequently the Court also tried for mediation and the matter was sent for mediation to Mediation and Conciliation Centre of the Court, but the attempt was failed.