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2018 Supreme(P&H) 3182

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Lisa Gill, J.
Gurmeet Kaur - Appellant
Versus
State Of Punjab - Respondent
Criminal Revision No. 1859 of 2017
Decided On : 20-02-2018

Advocates Appeared:
Preetinder Singh Ahluwalia, Adv., Monika Jalota, Adv., Sandeep Arora, Adv.

The main legal point established in the judgment is the requirement for strong evidence justifying the summoning of an additional accused in cases of dowry harassment and the court's duty to uphold the rule of law in the criminal justice system.

Headnote:

Dowry Harassment - Criminal Law - Section 306 IPC, Section 319 Cr.P.C. - The court discussed the provisions of Section 306 IPC and Section 319 Cr.P.C. and their interpretation in summoning the additional accused to face trial. The court emphasized the need for strong evidence justifying the summoning of the accused and highlighted the duty of the court to uphold the rule of law in criminal justice system.

Fact of the Case:

The complainant's sister died in the matrimonial home under suspicious circumstances, leading to allegations of dowry harassment and ill-treatment against the petitioner, the mother-in-law of the deceased. The trial court summoned the petitioner as an additional accused based on the evidence presented.

Finding of the Court:

The court found that there was sufficient and cogent evidence justifying the summoning of the petitioner to face trial as an additional accused. It emphasized the duty of the court to uphold the rule of law and dismissed the petition filed by the petitioner.

Issues: The main issue revolved around the summoning of the petitioner as an additional accused based on the allegations of dowry harassment and ill-treatment, and the interpretation of the provisions of Section 306 IPC and Section 319 Cr.P.C.

Ratio Decidendi: The court held that there was strong evidence justifying the summoning of the petitioner as an additional accused, emphasizing the duty of the court to uphold the rule of law in the criminal justice system.

Final Decision: The petition filed by the petitioner was dismissed, and the court upheld the summoning of the petitioner as an additional accused to face trial.

JUDGMENT

Lisa Gill, J —The petitioner, the mother-in-law of the deceased, is aggrieved of order dated 22.02.2017 passed by the learned Additional Sessions Judge, Jalandhar whereby she has been summoned as an additional accused on an application moved under Section 319 Cr.P.C. to face trial in FIR No.79 dated 16.05.2015, under Section 306 IPC registered at Police Station Sadar, Division No.7, Jalandhar.

2. Brief facts necessary for adjudication of the case are that, FIR No.79 dated 16.05.2015, under Section 306 IPC was registered on a statement of the complainant, Harpreet Singh @ Goldy brother of the deceased. It is stated therein that the complainant's father lives in Kenya. Complainant's elder sister Barinderjit Kaur @ Dolly was married to Manjinder Singh on 05.02.2013. A daughter was born out of this marriage. It is stated that ever since his sister's marriage, she had acrimonious relations with her husband, mother-in-law and sister-in-law. She often used to talk to the complainant about the same. On 16.05.2015, when the complainant was coming back to his residence at Jalandhar from Delhi alongwith his wife and mother, two phone calls were received from his sister Dolly. The complainant's mother talked to his sister as he was driving. His mother instead of listening to his sister started telling her own stories. The complainant's sister asked for the phone to be given to the complainant. She asked the complainant to come to her residence. On inquiry, it was revealed that she was very upset as she was harassed by her husband and mother-in-law. She however said that she would talk in detail when the complainant comes to her home as he was driving at that time. The complainant alongwith his mother and wife reached their own residence at about 1 O'clock in the afternoon. The complainant went off to sleep and his mother woke him up stating that intimation has been received from his sister's in-laws that something had happened. When they reached his sister's residence, they were told by the present petitioner that the complainant's sister had cheated them and had brought disrepute to them. The complainant rushed towards his sister's room and discovered that locks of the bathroom and bedroom were broken. On inquiry, it was revealed by the present petitioner that the complainant's sister was in hospital. It is stated that the complainant came to know from outside that his sister had hanged herself and was lying in the hospital at Jaswant Nagar in the emergency. Thereafter, a supplementary statement was suffered by the complainant and his mother on 24.05.2015 levelling specific allegation of demand of dowry, ill-treatment and harassment meted out to the deceased as well as details of the articles given to the accused persons at the time of marriage of Barinderjit Kaur @ Dolly (deceased). It was alleged that the husband and parents-in-law of the complainant's sister started making sarcastic comments about bringing insufficient dowry. The complainant's sister was subjected to harassment and illtreatment when the complainant bought a new vehicle for himself. The in-laws family of his sister started demanding Rs. 5,00,000/- for buying a car. Rs. 2,00,000/- were given to them in January 2014. Demand of another Rs. 10,00,000/- was raised since five six months prior to the incident.

3. Final report under Section 173 Cr.P.C. was submitted on 15.07.2015 (Annexure P3) against the co-accused Manjinder Singh (husband of the deceased). It is mentioned therein that an inquiry was being conducted on an application moved by the present petitioner and other co-accused. In case any new fact come to light, supplementary challan would be presented. The present petitioner and sister-in-law of the deceased were found innocent on investigation and a supplementary challan was presented on 23.10.2015 (Annexure P4). The learned trial court while not accepting the same, issued notice to the present petitioner and sister-in-law vide order dated 30.01.2016 (Anne

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