- (1.) Heard Sri Mahesh Sharma, Advocate, holding brief of Sri Vinod Sinha, Advocate, for revisionists and Sri Syed Ali Murtaza, learned A.G.A. for respondents.
(2.) This Criminal Revision under Section 397 read with 401 Cr.P.C. has been preferred against the order dated 23.08.2001 passed by Km. Jayshri Ahuja, 3rd Additional Chief Judicial Magistrate, Mathura rejecting Final Report in Case No. 53 of 2001, under Sections 498-A, 504, 506 I.P.C., Police Station Govind Nagar, District Mathura.
(3.) The facts in brief, as borne out from record, are that on 05.09.2000, respondent no. 2 filed an application under Section 156(3) Cr.P.C. before Court of Chief Judicial Magistrate, Mathura with the allegation that marriage of applicant was performed long back with Salim, son of Late Ahsan, resident of 1500, Pahari Rajan, Chitli Kaver, Police Station Chandi Mahal, Delhi. The applicant resides in the lower part of aforesaid house and in its upper part reside her husband's elder brother Anwaar, son of Sirajuddin, Anwaar's wife Smt Gulashbeena alias Gulla and his brother-in-law (sala) Tahir; who often indulge in squabbles and fights with applicant and use utterly foul language and even give her, life threats, time and again. Dowry of Rs 50000/- in cash as also a colour television is demanded by these people. Constrained, not to meet their demands, applicant is harassed, exploited and subjected to physical tribulations. The applicant, alongwith her children, had come to her father's place situated at Hanuman Tola, Mathura on 3.7.2000. On the following day the aforesaid persons, namely, Anwaar, Smt. Gul Shabina and Tahir, came outside their house at Hanuman Tola and used foul language for applicant in a full public glare. They branded her as characterless, dishonest, coquettish, etc. and threatened to kill her. Many people of locality gathered there to witness the aforesaid incident. Applicant belongs to a decent and dignified family. After this incident, applicant went to Police Station Govind Nagar to lodge report, where Sub Inspector after asking her name and address, told her to go back assuring to look into the matter. Applicant on 5.7.2000 sent an application through speed post to Senior Superintendent of Police, Mathura requesting to register a case against aforesaid persons but no action was taken. Thereafter respondent 2 moved application under Section 156(3) Cr.P.C. whereupon learned Magistrate directed police to register first information report vide order dated 03.10.2000.;