R.L. Khurana, J.-—Admit. Shri Ashutosh Burathold, learned Counsel waives service of notice on behalf of the respondent after admission. With the consent of learned Counsel for the parties, the matter is being finally disposed of today.

2. Respondent Kewal Kumar was sought to be prosecuted for the offences under Sections 498-A and 323, Indian Penal Code, on the basis of FIR No. 21/1997 dated 8.1.1997 of Police Station, Kangra. The learned Magistrate, upon consideration of the material placed before him, came to the conclusion that no prima-facie case for the offence under Section 498-A, Indian Penal Code was made out against the respondent. He, therefore, discharged the accused of such offence. Insofar as the offence under Section 323, Indian Penal Code is concerned, the learned Magistrate by observing that such an offence was exclusively triable by. the Gram Panchayat, directed that the file be sent to the concerned Gram Panchayat for trial. While coming to the conclusion that no prima-facie case under Section 498-A, Indian Penal Code was made out against the. respondent, the learned Magistrate has observed in his order dated 5.6.1999 as under:— "......I have perused the ch