GURDARSHAN SINGH & ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This instant petition has been filed for quashing of FIR No.312 dated 27.07.2009, under Section 498-A of Indian Penal Code, registered at Police Station Mohali, District SAS Nagar and the impugned summoning order dated 06.05.2014 passed under Section 319 Cr.P.C. qua the petitioners.

(2.) In brief, the facts as alleged are that the petitioners are the father-in-law and mother-in-law of the complainant. The son of the petitioners, Manpreet Singh and complainant Sukhjit Kaur solemnized their marriage on 06.05.1998 and out of this wedlock, one female child namely Rabab Kaur was born. Various difference arose between the parties and ultimately in the year 2006, in an effort to save the marriage, son of the petitioners and the complainant shifted to Mohali and started residing there. The complainant, ultimately, moved a complaint to the police against her husband and other family members with regard to the harassment for demand of dowry and implicated the entire family of her husband. The complaint was thoroughly investigated by the police, who put up the challan against Manpreet Singh, husband of the complainant, under Section 498-A of Indian Penal Code and found that allegations for demand of dowry and cruelty qua the petitioners were false. The petitioners herein were found innocent and not challaned nor were they kept in column No.2 of the challan. The complainant died in November, 2012 and did not make any statement in the court of the Magistrate against her husband Manpreet Singh. However, the father of the complainant and her uncle appeared in court and in their statement implicated the petitioners and three sisters-in- law under Section 319 Cr.P.C. to face trial under Section 498-A of Indian Penal Code. The said impugned order was challenged by the petitioners and other relatives before the court of learned Additional Sessions Judge, Mohali, which was partly allowed qua the sisters-in-law, but the petition was dismissed qua the petitioners.

(3.) Aggrieved against the said order, the instant petition has been filed. Ms. Pushpinder Kaur, Advocate appearing on behalf of the petitioners submits that the learned Magistrate has failed to take note of the fact that the complainant has never appeared in the witness box to depose her case, as she had since died in November, 2012, while also ignoring the fact that the complainant has shifted to Mohali in the year 2006 along with her husband Manpreet Singh and therefore, the question of the petitioners raising a demand of dowry or causing cruelty to her for want of more dowry, would not arise. It is argued that even in the complaint there are general allegations that have been raised, which are totally unsubstantiated. It is also submitted that the provisions of Section 498-A of Indian Penal Code are being misused and there is a general tendency to involve as many as family members of the husband under Sections 406, 498-A of Indian Penal Code, as possible. Reliance has been placed upon a judgment rendered in the case of Hardeep Singh vs. State of Punjab, (2014) 3 SCC 92 rendered by the Constitution Bench, to submit that the Courts have to be circumspect in summoning the persons as accused to face trial and the evidence prima facie should be of such nature, which if remains unrebutted, would lead to conviction of the person summoned.