IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-59787-2024 Decided on:- 15.01.2025 Preeti ....Petitioner Versus State of Haryana and others ....Respondents CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Ms. Kamlesh, Advocate for Mr. Parminder Singh, Advocate for the petitioner.

Mr. Rupinder Singh Jhand, Addl. AG Haryana.

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AMARJOT BHATTI, J.(Oral)

1. Petitioner Preeti has filed petition under Section 528 of Bharatiya Nyaya Suraksha Sanhita, 2023 (for short ‘BNSS’) for setting aside impugned order dated 07.09.2024 (P-6) whereby application filed under Section 358 of BNSS for summoning of additional accused/respondents in FIR No. 114 dated 15.07.2021 under Section 323, 406, 498-A, 506 IPC registered at Police Station Women Police Station, Karnal has been wrongly dismissed by overlooking overwhelming evidence, specific allegations of cruelty and maltreatment alleged by petitioner.

2. As per the facts of case, present petitioner Preeti filed written complaint against her husband Sanjeet Ghodela, Baljeet Singh (father-in- law), Sushila (mother-in-law), Madhu Rani (sister-in-law), Seema Rani (sister-in-law), Amit Kumar (husband of Seema Rani) with allegations of maltreatment and demand of dowry. As per the facts narrated in FIR No. 114 dated 15.07.2021 under Section 323, 406, 498-A, 506 IPC registered at Police Station Women, Karnal (Annexure P-1), marriage of Preeti and Sanjeet Ghodela was fixed with the intervention of relatives from both sides who were serving in Haryana Police. Engagement ceremony took place on 20.05.2018. Tikka ceremony took place on 12.12.2018 and marriage ceremony took place on 13.12.2018. Petitioner has given detail of ornaments and other articles given during aforesaid occasions. It is alleged that parents of complainant were compelled to give cash of Rs. 25 lakhs at the time of Vidai ceremony. Her husband was employed as Administrative Officer in Oriental Insurance Company Limited, Branch at Hanumangarh, Rajasthan. As per contents narrated in FIR, all accused taunted her for bringing less dowry. They were allegedly raising demand for various articles. It is further alleged that aforesaid accused persons instigated her husband to ill-treat her. She further alleged that regarding maltreatment, matter was brought to the notice of Mediator and matter was reconciled time and again. For sometime, she stayed alone with her husband at Jaipur. Even there, her husband started misbehaving with her on the instigation of his mother and sisters. During this period, she was taken back in matrimonial home time and again but there was no change in their behaviour. She gave birth to a male child, as a result, for some time their behaviour was good but they again started harassing and humiliating her. Ultimately, she was turned out of the matrimonial home on 04.07.2020. Efforts were made for reconciliation but it failed. During this period, her father met with an accident and ultimately succumbed to injuries on 22.04.2021. Nobody came from the side of her husband. Now, she is living at the mercy of her widow mother and brother.

3. As per the facts of case, on completion of investigation, challan was presented in aforesaid FIR against husband Sanjeet Ghodela and his mother Sushila. Whereas, other accused were kept in column No. 2 of challan report under Section 173 Cr.P.C. (Annexure P-3). During pendency of challan in aforesaid FIR, petitioner filed application under Section 358 of BNSS for summoning of Baljeet Singh, Madhu Rani, Seema Rani, Amit (Annexure P-4). Reply to this application was filed by accused facing trial in this case (Annexure P-5).

After hearing arguments advanced by learned Assistant Public Prosecutor assisted by learned counsel for complainant as well as learned counsel representing accused, application filed for summoning of other accused was declined by passing detail order dated 07.09.2024 (Annexure P-6). Feeling aggrieved of this order, present petition has been filed.

4. Learned co