JUDGMENT :

Dipak Misra, J.

Despite completion of a decade from the date of solemnisation of the marriage and in spite of two off springs in the wedlock, neither the time nor the expansion of family nor the concern for the children could cement the bond or weld the affinity between the appellant-husband and the wife, the 2nd respondent herein, as a consequence of which she was compelled to set the criminal law in motion by lodging FIR No. 376 dated 23.11.2013 which was registered for the offences punishable under Section 498A/323/34 of the Indian Penal Code (IPC) against the husband and the mother-in-law alleging that the husband was insistent upon getting mutual divorce and on her resistance, he had physically assaulted her and deprived her of basic facilities of life. All these allegations had the foundation in demand of dowry and non-meeting of the same by the family members of wife. After due investigation, the prosecuting agency placed the charge-sheet against the husband alone for the offences punishable under Section 498A and 323 IPC before the learned Judicial Magistrate 1st Class, Gurgaon who eventually vide order dated 04.04.2009 framed charges against the husband for commi