JUDGMENT :

1. This revision under Section 397 read with Section 401 and Section 482 of the Code of Criminal Procedure, 1973 (In short “Cr.P.C.”) is directed against the order of discharge dated 05.04.2019 passed by Additional Sessions Judge-05 (In short “ASJ”), Shahdara District, Karkardooma Court, New Delhi in connection with FIR No. 150/2018 registered at Police Station Jyoti Nagar, Delhi for the offence punishable under Sections 498A/304B/34 of the Indian Penal Code, 1860 (In short “IPC”).

2. The prosecution’s case in brief is that at about 11.48 AM, on 05.05.18, the father of deceased namely Pritam Singh (“Complainant”) had received message on his mobile phone from his daughter Madhubala (“deceased”) saying that she was going very far from all of them and that she had bad people in her life who had made her life a hell. It was further contained in the same message that her mother and father-in-law were indulging in filthy abuses hurled at the deceased which were not even worth hearing. She had further stated in the said message that she was leaving a suicide note which could be found inside a micky mouse decorated in her room. On 05.05.2018 at 04:50 PM vide DD No.40B, a PCR call was received at Police Station Jyoti Nagar, wherein it was informed by Pritam that his daughter had committed suicide by hanging herself and left a suicide note. ASI Begraj along with HC Roop Kumar reached the place of incident i.e., H.No.D-594 Gali No.05, Ashok Nagar and on inquiry came to know that the deceased was taken to GTB Hospital. Thereafter, they reached the hospital wherein vide MLC No.B2644/14/18, the deceased was declared bought dead. During enquiry, it was revealed that the death of the deceased had occurred within seven years of the marriage of deceased as she got married on 02.12.2015. The suicide note was written by the deceased claiming to be fed up by her father-in-law, mother-in-law and husband. She further alleged that her sister-in-law was the root cause of the misery. On the basis of the statement of the complainant, FIR for the offence under section 498A/304B/34 of the IPC was registered.

3. On 02.08.2018, after completion of investigation, chargesheet was filed under Sections 498A/304B/34 of the IPC against accused persons namely Amit Kumar (Husband), Rambir (Father-in-law), Urmila (Mother-in-law) and Kavita („Respondent/Sister-in-law?). However, the Respondent was not arrested. Thereafter, learned Metropolitan Magistrate took cognizance and committed the case to the learned Sessions Court.

4. On 05.04.2019, learned ASJ heard the parties on charge. After perusal of the material available on record, the learned ASJ did not find any specific allegation of harassment or demand of dowry against the present respondent. No prima facie case was made out as there was not a single allegation contained either in the suicide note of the deceased or even in the statement of the father of deceased. Learned ASJ framed charges against all the three accused persons under sections 498A/304B/34 of the IPC, however, he discharged the respondent. The petitioner/State, therefore, prefers revision under Section 397 of the Cr.P.C. before this court.

5. Learned APP appearing on behalf of the State submits that learned ASJ gravely erred in not considering the allegations made in the FIR and the suicide note which clearly constitutes an offence under Section 498A of the IPC. He has referred to various paragraphs of the FIR and suicide note to demonstrate that specific allegations have been made against the in-laws of the deceased. He considers the suicide note as a dying declaration of the deceased. According to him, at the time of framing of charge, learned trial court had to only ascertain whether there were grounds for presuming that the accused/Respondent had committed the offence and not to see if the allegation would result into their conviction.

6. On the other hand, learned counsel appearing on behalf of the respondent opposes the prayer and submi