IN THE HIGH COURT OF MADHYA PRADESH A T J A B A L P U R BEFORE JUSTICE ACHAL KUMAR PALIWAL CRIMINAL REVISION No.4190 OF 2019 BETWEEN:--

SMT. SAVITRI W/O SHYAM SUNDER UPADHYAY, AGED ABOUT 68 YEARS, OCCUPATION: RETIRED TEACHER KASTURBA WARD PIPARIYA (MADHYA PRADESH)

.....PETITIONER (BY SHRI L.N. SAKLE - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE POLICE STATOIN DEHAT POLICE STATAION DEHAT (MADHYA PRADESH)

2. SMT. RANJANI UPADHYAY D/O LATE RAMESHWAR TIWARI, AGED ABOUT 35 YEARS, R/O GENESH COLONY BARELI TAH. BARELI DISTT. RAISEN (MADHYA PRADESH)

.... RESPONDENT (BY SHRI ASHISH KURMI - PANEL LAWYER FOR THE STATE AND NONE FOR THE RESPONDENT NO.2)

-----------------------------------------------------------------------------

Reserved on : 24.08.2023 Pronounced on : 04.09.2023 -------------------------------------------------------------------------------------- This criminal revision having been heard and reserved for order, coming on for pronouncement this day, Justice Achal Kumar Paliwal pronounced the following:

O R D E R

The petitioner has filed this revision petition under Section 397/401 of Cr.P.C. against order dated 06.12.2017 passed in RCT No. 854/2017 by Judicial Magistrate First Class Hoshangabad, whereby charges under Section 498-A of IPC and Section 4 of Dowry Prohibition Act have been framed against the petitioner.

2. Briefly facts relevant for the disposal of present revision are that complainant Rajni Upadhyay lodged a written report against her husband Praveen Upadhyay & petitioner Savitri Upadhyay to the effect that her marriage was solemnized with Praveen Upadhyay on 01.07.2009. After eight months of marriage, complainant and her husband came to Hoshangabad and there her mother-in-law used to make comment on small things and also make taunt about her height & stature, appearance & color etc. Her husband Praveen Upadhyay and her mother-in-law Savitri Upadhyay started torturing her physically and mentally in connection with demand of dowry. Her mother-in-law Savitri Upadhyay used to tell her that she did not bring anything from her parents house, now, after her father getting the money, bring Rs. five lakh from that. Upon her refusal, her husband and mother-in-law used to beat her. Her mother-in-law used to abuse her after coming to her house in Hoshangabad & used to tell her that they don't want to keep her & will get a good dowry & a beautiful girl after getting her son married again.

3. Whenever her mother-in-law and her husband used to met at her house in ITI, then, both of them used to beat her on small things. On 23.05.2016, her mother-in-law told her that your mother is not feeling well, go & come after seeing her and also bring money from her. When, after seeing her mother, she came back to Hoshangabad on 9/6/2016 without bringing the money, her husband and mother-in-law beat her and sent her back to her parents house in Bareli. Even after this, they kept calling her continuously and harassing her to bring money. On 5/3/2017, her husband and mother-in-law came to her parents’ house in Bareli and there also, they demanded money whereas in May 2011, her brother had given them five lakh rupees for house. Even then, her husband and mother-in-law came to her parents’ house in Bareli & misbehaved with her brother & mother and asked to arrange another five lakh rupees within eight days.

4. On the basis of written complaint by Smt. Rajni Upadhyay FIR under Section 498-A of IPC was registered against the petitioner and her son. After completion of investigation, charge sheet was filed against the petitioner and her son Praveen Upadhyay and learned trial Court has framed charges against the petitioner as well her husband Praveen Upadhyay under Section 498-A of IPC and Section 4 of Dowry Prohibition Act.

Submissions of Learned Counsel for petitioner:-

5. Grounds taken by the petitioner in the revision petition and submissions made by learned counsel for the petitioner reveal that petitioner has challenged the impugned ord