Swaran Kaur And Others vs State Of Haryana And Others on 21 July, 2010

[Cites 2, Cited by 45]

Punjab-Haryana High Court

Swaran Kaur And Others vs State Of Haryana And Others on 21 July, 2010

Bench: M.M.S. Bedi

Crl. Misc. No. M-7808 of 2008                                     [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH.



                                Crl. Misc. No. M-7808 of 2008

                                Date of Decision: July 21, 2010

Swaran Kaur and others

                                        .....Petitioners

            Vs.

State of Haryana and others

                                        .....Respondents


CORAM:      HON'BLE MR. JUSTICE M.M.S. BEDI.

                         -.-

Present:-   None for the petitioners.

            Mr.S.S. Mann, Sr. DAG, Haryana.


                   -.-



M.M.S. BEDI, J. (ORAL)

Petitioners are the family members of Chain Singh who have been summoned vide complaint annexure P-3 and by summoning order dated May 14, 2007, annexure P-4 in a complaint filed by respondent No.2 alleging that she had been maltreated on account of demand of dowry by her husband and other family members and that her dowry articles have been misappropriated.

Crl. Misc. No. M-7808 of 2008 [2]

This petition for quashing has been filed on the ground that earlier an FIR has been registered on the complaint of respondent No.2. In the said compliant on investigation, the prosecution agency had opted to drop the proceedings against all the petitioners except Chain Singh, the husband of respondent No.2. Petitioners No.1 and 2 are parents of Chain Singh. Quashing of summoning order has been prayed for inter-alia on the ground that the story put-forth by the complainant in the compliant is contrary to the story in the FIR which was registered by her and that on investigation the petitioners have been found innocent. Petitioner No.1 claims that she is more than 80 years of age who has been falsely dragged in the complaint.

After going through the contents of the petition, I am of the opinion that it is always open to the complainant to file a complaint in the Court if the investigating agency is believed to have not acted fairly. It is a case where the unrebutted allegations in the complaint do not constitute an offence.

The petition is dismissed. However, taking into consideration all the circumstances of the case, it is ordered that in case the petitioners have already put in appearance before the trial Court, their personal appearance will be exempted on their filing an application before the trial Court for said purpose. While exempting their personal appearance, it will be open to the trial Court to impose any condition upon them. It will be open to the trial Court to record the evidence in presence of counsel for the petitioners by exempting their personal appearance as per the provisions of Crl. Misc. No. M-7808 of 2008 [3] Sections 273 and 205 Cr.P.C. It will be appreciated in case the trial is concluded within a period of one year.

July 21, 2010                                    (M.M.S.BEDI)
 sanjay                                            JUDGE

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