IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on:-04.09.2025 Date of Decision: 12.09.2025 Balwinder Parshad and others ......Petitioners Versus State of Haryana and another .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Ms. Navneet Kaur, Advocate for the petitioners.

Ms. Saumya Ahluwalia, Sr. DAG, Haryana.

Mr. Anmol Verma, Advocate for respondent No. 2.

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KIRTI SINGH , J. (ORAL)

1. The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of the impugned order dated 05.4.2023 (Annexure P-5), whereby the revision petition filed by respondent No. 2 against the order dated 2.1.2023 (Annexure P-4), passed by the learned Chief Judicial Magistrate, Ambala dismissing her application under Section 319 Cr.P.C., was allowed and the petitioners were ordered to be summoned as additional accused to face trial qua commission of the alleged offences.

2. Succinct factual narrative relevant for the disposal of the petition is that respondent No. 2 moved a complaint dated 21.11.2018 against her husband and the present petitioners, alleging therein that her marriage with Jangbir Singh was solemnized on 29.10.2017 and it was their second marriage. At the time of solemnization of their marriage, the divorce I attest to the accuracy panedtition of her accused-husband with his first wife was pending, and the divorce to the accused husband was granted only on 10.11.2017. The present petitioners being the father, brother and sisters of her husband, had defrauded and cheated her only to solemnize his second marriage with respondent No. 2 by misrepresenting the facts. It was further alleged that petitioner No. 1 took her gold ornaments and obtained her signatures on an affidavit. Moreover, petitioner No. 1 was not having good behaviour towards her and she was also subjected to cruelty by all the accused persons. On the basis of the said complaint, FIR No. 0422 dated 22.11.2018 under Sections 323, 406, 420, 498-A and 506 IPC was registered against all the accused at Police Station Ambala City, District Ambala. During the course of investigation being made into the present FIR, the allegations levelled against accused Jangbir Singh were proved. However, the allegations levelled against the present petitioners were found to be false. Accordingly, challan was presented only against accused Jangbir Singh, whereas the names of the other persons mentioned in the FIR were kept in column No. 2. 3. The trial against accused Jangbir Singh was commenced. During the course of the trial, the complainant moved an application under Section 319 Cr.P.C. for summoning of the present petitioners as additional accused. Vide order dated 02.1.2023 (Annexure P-4) passed by the learned Chief Judicial Magistrate, Ambala, the said application was dismissed. Against the said order, the complainant preferred a revision petition before the learned Sessions Court, Ambala. Vide impugned order dated 05.4.2023 (Annexure P-5), the said revision petition was allowed and the petitioners were directed to appear before the learned trial Court to face trial. Hence, the present petition has been filed seeking quashing of the impugned order.

Submissions made by the learned counsel for the petitioners

4. Learned counsel for the petitioners has argued that respondent No. 2, at the time of her second marriage with the son of petitioner No. 1, was well aware of the fact that the second motion statement in the divorce petition filed to dissolve her husband’s previous marriage had been recorded. Therefore, the allegations levelled against the present petitioners are vague and omnibus, which fact is also apparent from the statements of the witnesses and affidavits taken during the course of investigation. It is submitted that after investigation being made into the present FIR, the petitioners were found innocent, and respondent No. 2 has also failed to point out any illegality or bias on the part of the investigating officer concerned. It has further b