- (1.) THIS revision has been preferred with the prayer to set aside the impugned order dated 14.07.2014 passed by the A.C.J.M., Mathura in case no. 3246 of 2012 whereby the learned A.C.J.M. has rejected the discharge application of the revisionist in case crime no. 28 of 2012 (State vs. Surya Kant Pandey and others), under Section 498A, 323, 406 and 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Mathura.
(2.) BRIEF facts are that the revisionist no. 1 was married to the opposite party no. 2. The revisionist No. 5 being the sister of opposite party no. 2 got married to the brother of the revisionist no. 1 meaning thereby that revisionist no. 5 was the sister and also sister -in -law (Deorani) of opposite party no. 2. revisionist no. 2 is the mother -in -law, revisionist no. 3 is the father -in -law and revisionist no. 4 is brother -in -law (Dewar) of the opposite party no. 2. The revisionists moved an application under Section 482 of the Cr.P.C. in which the High Court had granted liberty to the revisionists to move the discharge application. Consequently, the revisionists moved discharge application (Annexure no. 6) before the lower court stating that opposite party no. 2 had lodged a false case against all the revisionists on the ground that her husband is impotent. It has further been said that a false allegation of demand of dowry were made. The Stridhan of the opposite party no. 2 is not with the revisionists. The younger sister of the opposite party no. 2 was married to the younger brother of the revisionist No. 1. Both of them were married on the same day and the opposite party no. 2 had also made her sister an accused. Although, there is no possibility of one sister demanding dowry from another sister. There is no ground to frame charges. The opposite party no. 2 does not want to live with her husband. Hence the accused may be discharged.
(3.) AFTER hearing both the parties on this application the learned lower court has rejected the application vide order dated 14.07.2014. Feeling aggrieved the present revision has been preferred.;