PARVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whereas, the Petitioners no.1 and 3 are brothers-in-law, the petitioner no.2 is sister-in-law of the complainant-respondent no.2, have filed this petition under Section 482 CrPC for setting aside the order dated 18.01.2014 (Annexure P-3) passed by Additional Chief Judicial Magistrate, Patiala, whereby, on an application moved by respondent no.2 through APP under Section 319 CrPC, they have been summoned to face trial, as additional accused.

(2.) Briefly stated, as per the allegations made by respondent no.2-complainant, the marriage between Bikramjit Singh (husband) and complainant was solemnised on 11.04.2005, wherein the father ofcomplainant after availing loan of Rs.4,00,000/-, had given Rs.6,00,000/- in cash to the in-laws of respondent no.2 in addition to the other expenses incurred in the marriage. However, after one week of the marriage, the husband started quarrelling with the complainant so as to compel her to bring more money. He gave her beatings. The complainant narrated the harassment to her father. Since her father was a heart patient, he could not bear it and suffered heart attack. Ultimately, he died on 04.05.2005. Despite this, the in-laws family did not show any sympathy towards the complainant. On 30.11.2005, petitioner no.2-Nanad got married and after 3-4 days, the husband of the complainant and petitioner no.3 left for abroad (France). Thereafter, the in-laws of the complainant again started taunting and beating her for dowry. On 04.12.2005, when Nanad of complainant had come to their house, she along with mother-in-law, father in law and brother-in-law (Devar) of the complainant, started beating her without caring the fact that the complainant was having 6 months pregnancy. On 07.12.2005, they again gave beatings to the complainant and ousted her from her matrimonial home. Since then, the complainant is residing in her parental home, where twin daughters were born to her. Despite having come to know about the birth of daughters, the in-laws of complainant did not allow her to enter in her matrimonial home. The complainant's family even went to the matrimonial home of the complainant along with panchayat, but to no avail. Thereafter, the complainant received phone calls from her husband who was abroad asking her if the parents of the complainant could arrange ?10 lakhs, then he can bring her abroad. After some time her husband told her that his documents in Italy have expired and if she would give him divorce, he can marry there and become a permanent resident and thereafter, he will bring her to Italy. Even the in laws of the complainant started giving threats to her in this regard. On the basis of the allegations so levelled by the complainant in her complaint against her in-laws, the present FIR under Section 406, 498-A IPC was registered against them. During investigation of the case, the petitioners were declared innocent and placed in column no.2 of the challan. However, after recording the statement of the complainant, the prosecution moved an application under section 319 CrPC, for summoning of the present petitioners, which was allowed by learned Additional Chief judicial Magistrate, Patiala vide order dated 18.01.2014.

(3.) It is in these circumstances the petitioners-accused have filed the present petition, assailing the order dated 18.01.2014 passed by learned Additional Chief Judicial Magistrate, Patiala.