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2023 Supreme(SC) 144

SURYA KANT, J. K. MAHESHWARI
Juhru – Appellant
Versus
Karim – Respondent


Advocates appeared:
For the Petitioner(s): Mr. S. K. Verma, AOR
For the Respondent(s): Mr. Deepkaran Dalal, AOR Mr. Raunaq Dalal, Adv. Mr. Arun Kumar, Adv. Dr. Monika Gusain, AOR

JUDGMENT :

Surya Kant, J.

Leave Granted.

2. The instant Criminal Appeal originates from a judgment dated 27.01.2020 whereby the High Court of Punjab and Haryana at Chandigarh (in short ‘High Court’), while setting aside the order dated 12.07.2018 passed by the Additional Sessions Judge, Nuh, has ordered the summoning of the Appellants under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) as additional accused.

A. FACTS

3. Briefly stated the facts are that FIR No. 270 dated 09.07.2017 was registered at Police Station Tauru, District Nuh under Sections 304B, 498A, 406, 323 and 34 of the Indian Penal Code, 1860 (hereinafter ‘IPC’) on the statement of Karim Respondent No. 1 to the effect that the marriage of his deceased sister (Rukseena) was solemnised on 04.12.2016 with one Aamir. An Alto car, Rs.3 lakhs in cash, 3 kg of silver, 30 grams of gold, furniture and other household items were allegedly given to Aamir and his family members as dowry at the time of marriage. The family of Aamir comprised of Akhlima (mother), Juhru (father) – Appellant No.1, Sonam (sister) – Appellant No.2 and Rijwan (brother-in-law) – Appellant No.3. The complainant further alleged th


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