NAND KUMAR SARIN AND OTHERS Vs. KIRAN DEVI

JUDGEMENT

(1.) This is petition under Section 482 Cr.P.C. filed by the accused petitioners seeking quashment of the criminal complaint dated 26.3.1993 under Section 498-A/406 IPC, copy Annexure P.4 and for quashing the order dated 24.5.1993 by the CJM Karnal ordering the summoning of accused petitioners under Sections 498-A/406 IPC.

(2.) Accused petitioner No. 1 Nand Kumar Sarin is husband of the complainant, while accused petitioner No. 4 Rajesh is his nephew. Accused petitioner No. 2 and 3 are Jeth and Jethani of the complainant, while accused petitioners 5 and 6 are niece and wife of the nephew of the husband of the complainant. The learned counsel appearing for the complainant very fairly conceded at the bar that so far as accused petitioners 2, 3, 5 and 6 are concerned, no case was made out for ordering their summoning for the offences under Section 498-A/406 IPC. However, it was submitted that so far as accused petitioners No. 1 and 4 are concerned, there are serious allegations against them for the aforesaid offences in the complaint in the preliminary evidence led by the complainant and as such, learned Magistrate had rightly ordered the summoning of those accused for the offence under Section 498-A/406 IPC.

(3.) After hearing the counsel for the petitioners and after perusing the record, in my opinion, the learned Chief Judicial Magistrate had rightly ordered the summoning of accused petitioners 1 and 4 namely Nand Kumar Sarin and Rajesh for the offences under Section 498-A IPC, on the basis of the allegations made in the complaint and preliminary evidence led by the complainant. So far as offence under Section 406 IPC is concerned, I am further of the opinion that the learned Magistrate had rightly ordered the summoning of accused petitioner No. 1 Nand Kumar Sarin for the offence under Section 406 IPC. So far as accused petitioner No. 4 Rajesh is concerned, I am of the opinion that no case was made out for ordering the summoning of the said accused for the offence under Section 406 IPC, on the basis of the allegations made in the complaint and preliminary evidence. So far as remaining accused are concerned, in my opinion, no case was made out for ordering their summoning either for the offence under Section 498-A or for the offence under Section 406 IPC.