SHASHI BHUSHAN GARG AND OTHERS Vs. ANJU GARG

JUDGEMENT

(1.) The petitioners herein seeks to challenge the Criminal Complaint No.37 dated 06.08.2012 as well as impugned summoning order dated 07.06.2014 whereby the petitioners herein have been summoned under Sections 323, 341, 149 of Indian Penal Code (for short 'IPC').

(2.) The marriage of the respondent-complainant (for short 'the respondent') was solemnized on 09.05.1997 with Shashi Bhushan Garg, petitioner No. 1 as per Hindu rites and ceremonies. However, a matrimonial dispute arose between the parties, on account of bringing in adequate dowry, which led to multifarious litigation between them. A complaint under Sections 323, 354, 506, 34 IPC also filed before Chief Judicial Magistrate, Mansa on an allegation that when the respondent had come to the court premises on 13.6.2012 for putting appearance in a pending case, she was abused, slapped, punched and hit with sticks by Shashi Bhushan Garg, her husband and his family members. It was stated that when the respondent was going back to her residence at around 1 o'clock in the afternoon and she was crossing the litigants hall, the accused- petitioners herein were preparing for boarding a black colour Safari car and when the respondent passed by the side of the car, at that time father-in-law Jaspal called out to the others, and she was surrounded by them, her mother-in-law and sister-in-law held her arms, whereas her husband and brother-in-law slapped and punched her, the father-in-law and mother-in-law had sticks with them, with which they hit her on the back. On hearing her hue and cry, her brother, who was walking behind along with another person named Darshan Kumar son of Chiranji Lal, rescued her. It was stated in the complaint that intimation of this occurrence in the court was informed to the police station and a written complaint was given on 19.6.2012 and since no action was taken, the complaint case was filed.

(3.) The Chief Judicial Magistrate, Mansa recorded the preliminary evidence of Darshan Kumar as CW 1, who was the witness to the incident complained of, as well as recorded the statement of the respondentcomplainant as CW2. Based on the said evidence, the petitioners have been summoned to face trial under section 323, 354, 506, 34 of IPC.