The judgment emphasizes the need for specific evidence and role attribution in cases of dowry demand and matrimonial cruelty, cautioning against the general and omnibus allegations that may lead to false implication of relatives in matrimonial disputes.

JUDGMENT :

1. By means of instant Criminal Revision the revisionist has assailed the judgment and order dated 23.12.2023 passed by learned Additional Chief Judicial Magistrate, Court No.2 Gorakhpur in Complaint Case No.221 of 2004 (Alka Rani Vs. Rajesh Agarwal and others), whereby application for discharge under Section 245 Cr.P.C. moved by accused persons Rajesh Agarwal, Maya Devi, Lakshmi Poddar @ Shikha Poddar and Sunita Tulsyan has been dismissed by the trial court.

2. Heard Sri Anil Kumar Srivastava, Senior Advocate, assisted by Sri Ravi Yadav, learned counsel for the revisionists, Sri Yogendra Singh Yadav, learned A.G.A. for the State and perused the material on record.

3. The facts leading to filing of present revision are that the complainant/respondent No.2 initially moved an application under Section 156 (3) Cr.P.C. before the Court of Judicial Magistrate Ist Gorakhpur on 09.08.2004 which was registered as Misc. Application No.221 of 2004 with averments that her marriage with opposite party No.1 Rajesh Agarwal was solemnized 14.04.2002 according to hindu rites and rituals in arranged manner. She was send off to her matrimonial home after marriage. However just after her arrival at her matrimonial home her mother-in-law, brother-in-law and sisters-in-law began to tease her for not bringing sufficient dowry and when she objected to this, they gave her beating, she suffered this mall treatment and observed her matrimonial obligations after sometime of marriage she came to know that her husband is suffering from illness. He used to suffer lunatic bouts from time to time and his family members were taking advantage of his situation and did not try to treat him. His family members used to provoke him against her and on their provocation her husband used to beat her. She also came to know that her husband was previously married to one Smt. Meena and she was also subjected to matrimonial cruelty for demand of dowry and ultimately the marriage was broken and FIR was lodged by father of Meena against her husband and family members under Section 323, 504, 506, 498A of IPC. The family members of her husband exerted pressure on her to get her third pregnancy aborted and when she did not agree to this, they abused and harassed her. During that period she knew that these people were trying to kill her and they turned her out from their home after sometime, she reached at her parental place any how. She delivered a male child on 01.11.2003 in private hospital at Gorakhpur. Her in-laws and husband visited her, but did not spend any money. Her sisters-in-law Lakshmi Poddar and Sunita Tulsyan and other family members were also exerting pressure on her to get her pregnancy aborted.

4. Learned court below vide order dated 28.08.2004 directed to register the application under Section 156 (3) Cr.P.C. as complaint and after recording statement of the complainant under Section 200 Cr.P.C. and her witnesses Thakur Prasad Gupta, Ramesh Chandra Sharma under Section 202 Cr.P.C., summoned the accused persons vide order dated 13.05.2005 for charge under Section 498A, 323, 504, 506, 406 of IPC and Section 3/5 of Dowry Prohibition Act. The accused persons challenged the summoning order with prayer to quash the entire proceedings in complaint case No.221 of 2004 by filing petition under Section 482 Cr.P.C. No.4228 of 2006, which was dismissed vide order dated 12.10.2018 passed by this Court.

5. Learned court below recorded the statement of the complainant Alka Rani under Section 244 Cr.P.C., wherein she was also cross examined at length on behalf of the accused persons at precharge stage. Thakur Prasad Gupta, father of the complainant was also examined as PW2 at the stage of Section 244 Cr.P.C., in which they supported complaint version.

6. Accused Rajesh Agarwal and others moved and application under Section 245 Cr.P.C. on 12.10.2022 with a prayer to discharge them with averment that they have been falsely implicated in the case. Accused Rajesh Agarwal, t