ARVIND K TRIPATHI,J. - (1.) THIS Criminal Misc. Application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 8.7.09 passed by Additional Sessions Judge, Court No.13, Varanasi in S.T. No.469/08 (State vs. Arun Kumar Mishra arising out of Case Crime No.348/08 under Section 498A I.P.C. PS Lanka, District Varanasi.
(2.) HEARD learned counsel for the applicant, learned counsel for the complainant learned AGA and perused the record. Learned counsel for the applicant submitted that the deceased wife of the applicant has relation with brother-in-law and on the pretext of going to her parental house she used to visit the house of her Bahnoi (brother-in-law). Since the objections were raised and due to that reason there was dispute in between the parties. However, the settlement was made to that effect. Thereafter when the deceased, wife of the applicant put herself on fire the applicant tried to save her and even the applicant received burn injuries. No offence is made out against the applicant under Section 306 I.P.C. However, the discharge application filed under Section 227 Cr.P.C. was rejected by the learned Additional Sessions Judge, Court No.3 Varanasi by order dated 8.7.09. Since the aforesaid order is illegal and against the evidence on record hence the same is liable to be quashed and the applicant is liable to be discharged.
(3.) FROM a perusal of the record it is clear that there was not only allegation of demand of dowry and torture but also regarding illicit relation with Bahnoi. Hence she was not allowed to go even at her parental house. Whether the defence version of the applicant or the prosecution version is correct the same has to be examined during trial at appropriate stage. While considering the discharge application and framing of the charge, the matter will not be considered as a mini trial. Since prima facie commission of offence is disclosed, hence at this stage no interference is required with the impugned order rejecting the discharge application.;