SANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS seek setting aside of the order dated 18.2.2002 passed by the Chief Judicial Magistrate, Amritsar, whereby petitioners were summoned on an application filed under Section 319, Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) by Isha, complainant-respondent No. 2, in case bearing FIR No. 145 dated 25.7.1999 under Sections 498-A, 406, Indian Penal Code, with Police Station Civil Lines, Amritsar.

(2.) THE present case was registered on the statement of Isha daughter of Jaswant Singh, resident of Ranjit Avenue, Amritsar. According to the allegations made, she married accused Ranbir Singh on 18.9.1988 at Amritsar. One son namely Jaskaran was born out of this wedlock. Soon after her marriage, her husband and his parents started maltreating her. They would taunt her with the remarks that her parents have not given dowry according to their status. Despite her parents having limited sources, they gave dowry consisting 30 tolas of gold, scooter, T.V. clothes and other articles. Despite that her husband and his parents were not satisfied and they started treating her with cruelty. On 22.10.1991, Ranbir Singh stated in anger that Kara and other ornaments given by her parents were light in weight and they had insulted him by not giving A.C., V.C.R. and car. The complainant tried to explain the inability of her parents to meet the demands made, upon which she was given thrashings by her husband in the presence of his parents. On the next morning, she was taken to her father's house by her father-in-law Dr. Sant Singh and left there. She remained there for a period of three months. During this period, Ranbir Singh used to threaten the complainant on telephone and also used to go to her house and extend threats to her and her parents while standing at the outer gate. Thereafter, on 19.1.1992, a Panchayat was convened in which Ranbir Singh, father of Ranbir Singh, his relations and complainant's father and her relations participated. Their names have been specified in the report lodged. Before the Panchayat, Ranbir Singh and his father Sant Singh begged pardon and assured the persons present in the Panchayat that acts of cruelty will not be repeated with the complainant and, thereafter, she returned to the matrimonial home. To her dismay, she found that she was again being taunted and beaten. On 3.6.1995, she was given beatings by Ranbir Singh and was further asked to bring Rs. two lacs and a car from her father. Thereafter, she was pushed out of the house and she returned to the house of her parents and started living there. During this period, her father suffered heart-attack. On 25.6.1995, Sant Singh, Prem Singh Makhni, Harbans Singh Bedi, Surjit Singh Khurana, Nath Ram Kaushal and Gurpreet Singh from the side of accused and from the side of complaint, her parents, Maan Singh Chahal, Prof. P.R. Chawla, Dalip Singh Sandhu, Sukhwinder Singh, Balwinder Singh, Prof., Mohinder Singh, Gurdeep Singh, Surinder Singh, Surjit Singh, Kanwarjit Singh and Sandeep Singh, gathered in a Panchayat. Before the Panchayat, Ranbir Singh and his parents begged pardon for their mis-deeds. Thereafter, the complainant was again taken to the matrimonial home by Ranbir Singh and his parents. In November, 1995, Ranbir Singh again demanded car from her. The complainant informed her husband that her father was sick and that he should not insist with the demand. Thereafter, Sumeet Kaur, mother of the complainant, paid Rs. 20,000/- to Ranbir Singh. Ranbir Singh insulted and abused the complainant when she reached the house along with him. She continued to be harassed and beaten by her husband in the house of her in-laws. In April, 1999, Ranbir Singh suggested that he would like to have a separate house and pressed the complainant to bring Rs. 12 lacs from her father so as to enable him to purchase a plot and then build a house. When her parents failed to meet this demand, she was treated with cruelty by her husband. Accused Satinder and Neena also instigated their brother Ranbir Singh against the complainant. On one day, Mohinder Kaur, mother-in-law of the complainant, told the complainant that she would remarry her son as she has not been able to arrange for the money. Then, she (complainant) came to know that Ranbir Singh was having some relations with one Mandeep living in the neighbourhood. Subsequently, Ranbir Singh also pressed the complainant to execute a deed of temporary divorce so as to enable him to marry Mandeep. Said Mandeep has no brother and owns Kothi No. 86 in the colony in which the petitioners reside. Ranbir Singh thereafter started taking Mandeep to his shop and also joined Computer Centre for getting training. The complainant then had a talk with her father who took respectables to the shop of Ranbir Singh on 13.6.1999 at about 1 p.m. They found Ranbir Singh and Mandeep taking their meals in one plate. The father of the complainant tried to persuade Ranbir Singh not to behave in this manner upon which Ranbir Singh got furious and pushed him out of the shop. Ranbir Singh informed the father of the complainant that a computer had been arranged by the father of Mandeep and that he should persuade his daughter for divorce from him. Sukhwinder Singh and Balwinder Singh tried to convince him but it had no effect. Thereafter, for two-three days the complainant was humiliated by her mother-in-law and treated rudely by father-in-law Sant Singh and husband Ranbir Singh. On 16.6.1999, at about 11 p.m. Ranbir Singh started beating the complainant and at that time, her mother was carrying a small tape-recorder. While standing at the door, Ranbir Singh abused the complainant and gave beatings and fist blows to her. He then pulled her hair and hit her head against the bed. Thereafter, he tried to strangulate her and further threatened to kill her. The complainant kept on crying the whole night and thereafter, for next six days she was detained in a room. On 22.6.1999, Ranbir Singh forcibly took complainant and his son in a van and dropped them at some distance from the house of her father. Finding that the behaviour of Ranbir Singh had exceeded all limits, the complainant was got medically examined on 23.6.1999 under the orders of the Ilaqa Magistrate. Again, it was decided to convene a Panchayat. On 4.7.1999 Ranbir Singh informed the complainant that he will visit her after 2-3 days so that a final decision could be taken with regard to their matrimonial affairs but nothing resulted thereafter. The complainant claimed that she has done M.A. and belongs to a respectable family. Her misfortune is that she has been married to a greedy husband like Ranbir Singh who for the sake of dowry was trying to marry Mandeep. Accordingly, she prayed in the complaint that action be taken against the culprits.

(3.) DURING the trial of the case, the statement of Isha, complaint, was recorded wherein she narrated the facts as mentioned in the report. Thereafter, an application under Section 319 of the Code was filed by the prosecution with a prayer to summon Dr. Sant Singh, Mohinder Singh, Mrs. Satinder Kaur and Neena as additional accused for committing offence under Sections 406/498-A, I.P.C. along with Ranbir Singh. This application was consented by the accused. The learned Chief Judicial Magistrate, Amritsar, as per order dated 18.2.2002 summoned the petitioners-accused to face trial under Sections 406/498-A, I.P.C. along with Ranbir Singh, accused in this case. It is this order which has been challenged in the present petition.