Sir/Madam,
Its a humble request to you that please advice me. Details are as below-
Sir/Madam my family is staying at Rudrapur, Uttarakhand because my father is working here.
I am working at Kanpur, Uttar Pradesh and living alone there.
My marriage took place on 13/02/11 at Kannauj,Uttar Pradesh. My wife belongs to Kasganj, Uttar Pradesh.
On 15/02/11 we came to Rudrapur Uttarakhand for marriage ceremony. On 17/02/11 my wife went back to her parents house.
After some time she came back to me at Kanpur (because i was working there.)
On 17/09/11 she made an FIR at Mahila Thana, Kasganj under sections- 498a,313,323,504,506 and DPA 3/4 against my whole family (6 members).
On 02/10/11 she took it back by giving an signed AFFIDAVIT to the police.
Police submitted FR & XPUNZ report to the ACJM Kasganj on 07/11/11. Court issued summons to her but she never attend the court.
After 3 years, on 16/05/14, she re opened her case at ACJM Kasganj.Judge recorded hers and 2 PWs statements under crpc 200 & 202.
She gave a statement in court-
"MY HUSBAND AND MY MOTHER IN LAW USED TO DEMAND 5 LACS OR A CAR. BOTH TORTURED ME PHYSICALLY AND MENTALLY."
These 2 PWs not her relatives and residing at a long distance from hers house.
Judge opened the case under 498a & DPA 3/4 against me and my mother only. Removes all other names and sections.
I filed criminal revision at Session Court.Now some points are-
1) As court issued summons to her as soon as FR & XPUNZ report received, but she neither received summons nor attend the court, while she was working in the same city. If she had problem with police report she had to approach to ACJM immediately.
2) As she is staying with her parents and working there, why did she not approach the court as police submitted FR & XPUNZ report to the ACJM court.
3) As in her statement recorded at ACJM she made a general allegation of demanding dowry. She did not made any specific allegation against us Like-
i) Exact date and time,When we both demanded to her?
ii) Exact date and time,What we tortured to her?
4) As hers parents did not become PWs. These 2 persons who are PWs are not relatives to her and staying very far away from hers city. If we demanded dowry why hers parents did not become PWs?
5) As she was living with me in Uttar Pradesh and my parents were living at Uttarakhand. How can my mother tortured to her? as Supreme court told that those relatives of husband can not be accused living at another states or a long distance away.
Sir these are points that comes in my mind. What is the probability of success of mine in this case?
