- (1.) This petition under Article 226 of the Constitution of India arises out of a dispute between a husband and wife. There is a long and lingering ill-will and mistrust between the two, resulting in multifarious litigation of divorce nature. The case in hand arises out of proceedings (complaint No. 5180 of 2004) under Section 3/4 of Dowry Prohibition Act instituted on a basis of complaint filed in the Court of Chief Judicial Magistrate, Budaun.
(2.) The Magistrate summoned the accused-petitioners under Section 498-A, IPC and Section 3/4 of Dowry Prohibition Act. On a Revision (No. 132 of 2005) the Addl. Sessions Judge (Court No. 1) was of the view that no offence under Section 498-A IPC was made out and only an offence under Section 3/4 of Dowry Prohibition Act was made out.
(3.) It is against this order dated 19.10.2004 of Sessions Judge, the petitioners have come up to this Court.;