MANINDER KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) - The present petition has been filed for setting aside impugned order dated 12.8.2015 passed by Sub Divisional Judicial Magistrate, Guhla (Annexure P-4), vide which, the application filed by the petitioner-complainant under Sec. 319 Crimial P.C. for summoning Sahab Singh, Palwinder Kaur @ Pinder Kaur, Fashion Singh and Balwinder Kaur as an additional accused to face trial in case FIR No. 83 dated 2.7.2014 registered under Sections 406/498-A/506/323 Penal Code at Police Station Guhla has been dismissed. Aforesaid order was challenged by way of filing revision petition before Additional Sessions Judge, Kaithal, which was also dismissed vide order dated 16.12.2015.

(2.) Briefly, the facts of the case are that petitioner got married with accused-Subeg Singh on 13.2.2012. As per allegations in the complaint, petitioner-complainant was harassed constantly by her in-laws on the pretext of bringing inadequate dowry. A female child was also born out of the said wedlock but still her in-laws were unhappy. As per allegations in the FIR, Panchayat was also convened on various occasions and the matter was even compromised but it could not fructify. Thereafter the petitioner filed a complaint, on the basis of which, FIR No. 83 dated 2.7.2014 under sections 406/498-A/506/323 Penal Code at Police Station Guhla, District Kaithal was registered but challan was presented only against accused-husband, namely, Subeg Singh. An application was moved under Section 319 Crimial P.C. for summoning of Sahab Singh, Palwinder Kaur @ Pinder Kaur, Fashion Singh and Balwinder Kaur as additional accused as they were found innocent during investigation but the same was dismissed on 12.8.2015 by Sub Divisional Judicial Magistrate, Guhla. Against the said order, the petitioner preferred revision petition before Additional Sessions Judge, Kaithal, which was also dismissed on 16.12.2015.

(3.) The impugned orders passed by both the courts below are subject matter of challenge in the present petition.