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PUNJAB & HARYANA HIGH COURT
R.C.Kathuria, J.
Sant Singh
Versus
State Of Punjab
Criminal Miscellaneous No. 9170 of 2002,
Decided On : APRIL 27, 2002
Code of Criminal Procedure - Summoning of Accused - Section 319 - Indian Penal Code - Sections 498-A, 406 - Lajpat Rai v. State of Haryana, 2002 (1) RCR 280
Fact of the Case:
The case involved allegations of cruelty and harassment by the husband and in-laws towards the complainant for dowry. The complainant sought action against the accused under Sections 498-A, 406 of the Indian Penal Code.
Finding of the Court:
The Court found that the discretionary power to summon the accused under Section 319 of the Code of Criminal Procedure should be used sparingly and primarily to advance the cause of criminal justice, and not as a means of causing harassment to persons not involved in the crime. The Court concluded that the summoning of the petitioners-accused was not justified based on the evidence presented.
Issues: The main issue was whether the petitioners-accused should be summoned to face trial along with the main accused based on the allegations of the complainant.
Ratio Decidendi: The Court emphasized that the power to summon accused under Section 319 of the Code should be exercised cautiously and only when there is sufficient evidence to warrant conviction of the person to be summoned. The Court also highlighted the need to consider the purpose and purport for which the provisions of Section 319 of the Code had been enacted by the Legislature.
Final Decision: The petition seeking setting aside of the order summoning the petitioners-accused to face trial along with the main accused was accepted, and the order was quashed.
R.C.Kathuria, J.
1. Petitioners seek setting aside of the order dated 18.2.2002 passed by the Chief Judicial Magistrate, Amritsar, whereby petitioners were summoned on an application filed Under Section 319, Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) by Isha, complainant-respondent No. 2, in case bearing FIR No. 145 dated 25.7.1999 Under Sections 498-A, 406, Indian Penal Code, with Police Station Civil Lines, Amritsar.
2. The present case was registered on the statement of Isha daughter of Jaswant Singh, resident of Ranjit Avenue, Amritsar. According to the allegations made, she married accused Ranbir Singh on 18.9.1988 at Amritsar. One son namely Jaskaran was born out of this wedlock. Soon after her marriage, her husband and his parents started maltreating her. They would taunt her with the remarks that her parents have not given dowry according to their status. Despite her parents having limited sources, they gave dowry consisting 30 tolas of gold, scooter, T.V. clothes and other articles. Despite that her husband and his parents were not satisfied and they started treating her with cruelty. On 22.10.1991, Ranbir Singh stated in anger that Kara and other ornaments given by her parents were light in weight and they had insulted him by not giving A.C., V.C.R. and car. The complainant tried to explain the inability of her parents to meet the demands made, upon which she was given thrashings by her husband in the presence of his parents. On the next morning, she was taken to her .fathers house by her father-in-law Dr. Sant Singh and left there. She remained there for a period of three months. During this period, Ranbir Singh used to threaten the complainant on telephone and also used to go to her house and extend threats to her and her parents while standing at the outer gate. Thereafter, on 19.1.1992, a Panchayat was convened in which Ranbir Singh, father of Ranbir Singh, his relations and complainants father and her relations participated. Their names have been specified in the report lodged. Before the Panchayat, Ranbir Singh and his father Sant Singh begged pardon and assured the persons present in the Panchayat that acts of cruelty will not be repeated with the complainant and, thereafter, she returned to the matrimonial home. To her dismay, she found that she was again being taunted and beaten. On 3.6.1995, she was given beatings by Ranbir Singh and was further asked to bring Rs. two lacs and a car from her father. Thereafter, she was pushed out of the house and she returned to the house of her parents and started living there. During this period, her father suffered heart-attack. On 25.6.1995, Sant Singh, Prem Singh Makhni, Harbans Singh Bedi, Surjit Singh Khurana, Nath Ram Kaushal and Gurpreet Singh from the side of accused and from the side of complaint, her parents, Maan Singh Chahal, Prof. P.R. Chawla, Dalip Singh Sandhu, Sukhwinder Singh, Balwinder Singh, Prof. Mohinder Singh, Gurdeep Singh, Surinder Singh, Surjit Singh, Kanwarjit Singh and Sandeep Singh, gathered in a Panchayat. Before the Panchayat, Ranbir Singh and his parents begged pardon for their mis-deeds. Thereafter, the complainant was again taken to the matrimonial home by Ranbir Singh and his parents. In November, 1995, Ranbir Singh again demanded car from her. The complainant informed her husband that her father was sick and that he should not insist with the demand. Thereafter, Sumeet Kaur, mother of the complainant, paid Rs. 20,000/- to Ranbir Singh. Ranbir Singh insulted and abused the complainant when she reached the house along with him. She continued to be harassed and beaten by her husband in the house of her in-laws. In April, 1999, Ranbir Singh suggested that he would like to have a separate house and pressed the complainant to bring Rs. 12 lacs. from her father so as to enable him to purchase a plot and then build a house. When her parents failed to meet this demand, she was treated with cruelty by her husban
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