- (1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Vinod Rawat, with a prayer for setting aside impugned order, dated 6.1.2020, passed by the court of Judicial Magistrate, Mathura, in Case No.1243 of 2017 (State vs. Vinod Rawat), arising out of Case Crime No.109 of 2016, under Sections 494, 323, 498 and 506 of Indian Penal Code, 1860, read with 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Mathura, pending in the court of Judicial Magistrate, Mathura.
(2.) Learned counsel for applicant argued that a Discharge Application was moved before the Trial court, which was rejected by the impugned order, whereas, there was no evidence for levelling charges against the applicant. Informant has left nuptial house on his own will. There was no demand of dowry or cruelty with regard to it. Marriage was of old standing, having good understanding. False accusation was levelled, wherein, above Discharge Application has been rejected. It was an abuse of process of law. Hence, for avoiding abuse of process of law and securing ends of justice, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.
(3.) Learned counsel for Opposite party no.2 as well as learned AGA, representing State of U.P., have vehemently opposed this Application.;