ANURADHA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure,1973 ('Cr.P.C.' for short) for quashing of orders dated 14.6.2012 (Annexure P3) and 18.7.2013 (Annexure P4). Petitioner had lodged the FIR in question against her husband and his family members under Sections 406, 498-A and 506 of the Indian Penal Code, 1860 ('IPC' for short). After investigation of the case, challan was presented against the accusedArvind,whereas, respondents No. 2 and 3 were declared innocent by the Investigating Officer. During trial, prosecution moved an application under Section 319 Cr.P.C and the same was dismissed by the trial Court vide impugned order dated 14.6.2012 (Annexure P3) . The said order was upheld by the Court of Revision vide impugned order dated 18.7.2013 (Annexure P4). Hence, the present petition by the petitioner-Anuradha.

(2.) Learned counsel for the petitioner has submitted that the petitioner, while appearing in the witness box as PW1, had levelled specific allegations against respondents No. 2 and 3. The Courts below had erred in dismissing the application moved by the prosecution under Section 319 Cr.P.C for summoning respondents No. 2 and 3 as additional accused.

(3.) Learned counsel for respondents No. 2 and 3, on the other hand, has opposed the petition and has submitted that the general allegations had been levelled against the said respondents. Moreover, there was no new evidence on record to order the summoning of the said respondents to face the trial as additional accused. Complainant had lived in the matrimonial home for one day. Divorce petition filed by the husband of the complainant has been allowed.