HARDEV SINGH AND OTHERS Vs. KARAMJIT KAUR @ PALO

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of criminal complaint No.15 dated 1.3.2012 (Annexure P-1) and the summoning order dated 9.10.2012 under Sections 498-A, 406 of the Indian Penal Code, 1860 (Annexure P-2).

(2.) Learned counsel for the petitioners has submitted that respondent had left the matrimonial home of her own accord. Prem Singh, husband of the respondent had filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. Learned counsel has further submitted that the impugned summoning order had been passed in violation of mandatory provisions of Section 202 Cr.P.C. Petitioners were residing separately from the complainant and her husband. Petitioners had separate ration cards. Hence, no offence could be said to have been committed by the petitioners.

(3.) Learned counsel for the respondent, on the other hand, has opposed the petition and has submitted that all the accused were residing together and had harassed respondent No.2 on account of insufficiency of dowry and had misappropriated the dowry articles.