SAMSHER Vs. THAN SINGH

JUDGEMENT

(1.) Samsher son of Dhupa and Smt. Bharto widow of Dhupa, residents of Khanpur, Tehsil Barwala District Hisar, have moved the present petition under Section 482 of the Code of Criminal Procedure, challenging the summoning order dated 26.2.1992 passed by Sub-Divisional Judicial Magistrate, Narwana, for offences under sections 4 and 6 of the Dowry Prohibition Act.

(2.) Briefly, the facts are that Sant Kala daughter of Than Singh, the complainant, was married with Subhash son of Chhajju on 6.6.1983. After her sudden death, a case vide First Information Report No. 53 was registered on 2 1.4.1987 for offences under sections 306/498-A and 201 of the Indian Penal Code. Several years after the marriage and death of Sant Kala, the daughter, the present complainant has been instituted by the aggrieved father for offences under sections 4 and 6 of the Dowry Prohibition Act and the learned trial Magistrate has summoned Samsher, a nephew of Chhajju, father of Subhash husband and also Bharto, who is the widow of brother of Chhaiju.

(3.) On behalf of the two petitioners, it has been specifically pointed out that their ration card is separate and they pay Chulha tax separately from Chhajju, father-in-law of Sant Kala. Samsher and Bharto have been acquitted by a Division Bench of this Court and their appeal was decided on 25.4.1990 and reported as Subhash and another v. State of Haryana, 1990 (3) Recent Criminal Reports 18.