In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc.-M No.5669 of 2009 ..... Date of decision:16.3.2009 Wazir Singh .....Petitioner v. Gurnam Singh and others .....Respondents .... Present: Mr. Nakul Sharma, Advocate for the petitioner. ..... S.S. Saron, J. This petition under Section 482 of the Code of Criminal Procedure (`Cr.P.C.' - for short) has been filed seeking quashing of the order dated 14.1.2009 (Annexure-P.3) passed by the learned Additional Sessions Judge, Ferozepur whereby the revision petition filed by the petitioner against the order dated 11.4.2008 (Annexure-P.2) passed by the learned Additional Chief Judicial Magistrate, Ferozepur has been dismissed and respondents No.3, 5 and 6 have not been summoned in the complaint case filed by the petitioner alleging the commission of offences under Sections 302, 34 and 304-B Indian Penal Code (`IPC' – for short). The petitioner filed a complaint (Annexure-P.1) on the allegations that one of his daughters Baljit Kaur was married to Gurnam Singh (respondent No.1). Taranjit Kaur (respondent No.2) is the brother's wife of said Gurnam Singh (respondent No.1). She is the wife of Resham Singh (respondent No.3), Mohinder Kaur (respondent no.4) is the mother of Gurnam Singh (respondent No.1). In other words Mohinder Kaur is the Cr. Misc.-M No.5669/2009 [2] mother-in-law of Baljit Kaur (deceased). Jagir Singh (respondent No.5) is the father of Gurnam Singh (respondent No.1). He is the father-in-law of Baljit Kaur (deceased). Resham Singh (respondent No.3) is brother of Gurnam Singh (respondent No.1) and Darshana Rani (respondent No.6) is sister of Gurnam Singh (respondent No.1). It is alleged by the petitioner that he gave sufficient dowry to the respondents in the marriage of his daughter Baljit Kaur (deceased) with Gurnam Singh (respondent No.1). However, the respondents were not satisfied with the dowry articles and his daughter was harassed. It is alleged that Gurnam Singh (respondent No.1) was having and still has illicit relations with Taranjit Kaur (respondent No.2). Baljit Kaur (deceased) had found Gurnam Singh (respondent No.1) and Taranjit Kaur (respondent No.2) in a compromising position some time in the month of October 2005. She objected to their relationship but was rebuked by Gurnam Singh and he told her (Baljit Kaur) that he would not leave Taranjit Kaur and would carry on with his illicit relationship with her (Taranjit Kaur). On 11.4.2006, the petitioner received a message from one Buta Singh son of Chet Singh, who had per chance gone to Amar Hospital, Ferozepur City that Baljit Kaur had been admitted in the said hospital in a critical condition. On coming to know this, the petitioner rushed to Amar Hospital, Ferozepur City and after inquiry came to know that Gurnam Singh had got discharged Baljit Kaur against medical advise and they had taken her to DMC Hospital, Ludhiana. The complainant came to know that Baljit Kaur had been administered a poisonous liquid by Gurnam Singh, Taranjit Kaur, Resham Singh, Mohinder Kaur and Jagir Singh (respondents No.1 to 5). The complainant-petitioner then reached Ludhiana and went to DMC Cr. Misc.-M No.5669/2009 [3] Hospital at Ludhiana but he could not find Gurnam Singh or his daughter Baljit Kaur. Later he came to know that Baljit Kaur was never admitted at DMC Hospital, Ludhiana. The petitioner then went to Apollo Hospital, Ludhiana as he felt that Baljit Kaur might have been admitted there. However, she was not admitted in the said hospital even. Ultimately, the complainant-petitioner came back and he came to know that Baljit Kaur had died and as she was poisoned with some insecticide by the respondents and thereafter, they all hurriedly and secretly cremated her dead body. The complainant moved an application before the Police which put off the matter on one pretext or the other. The learned Additional Chief Judicial Magistrate, Ferozepur vide order dated 11.4.2008 summoned Gurnam Singh, Taranjit Kaur and Mohinder Kaur (respondents No.1, 2 and 4) but dismissed the complaint as against Resham Singh, Jagir Singh and Darshana Rani (respondents No.3, 5 and 6). Aggrieved against the said order the petitioner preferred a revision petition and the learned Additional Sessions Judge vide his impugned order dated 14.1.2009 (Annexure-P.3) has dismissed the same. The petitioner has now filed the present petition. It is contended by the learned counsel for the petitioner that Resham Singh, Jagir Singh and Darshana Rani (respondents No.3, 5 and 6) were also liable to be summoned with the other accused i.e. Gurnam Singh, Taranjit Kaur and Mohinder Kaur (respondents No.1, 2 and 4). It is submitted that the cremation of the dead body of Baljit Kaur could not have been conducted without the knowledge of Resham Singh, Jagir Singh and Darshana Rani (respondents No.3, 5 and 6) and, therefore, both the Courts below have gravely erred in not summoning the said respondents No.3, 5 Cr. Misc.-M No.5669/2009 [4] and 6. I have given my thoughtful consideration to the contentions of the learned counsel for the petitioner. It may be noticed that the learned Additional Chief Judicial Magistrate, Ferozepur vide his order dated 11.4.2008 (Annexure-P.2) has considered the fact that Resham Singh (respondent No.3) cannot be said to have any role in causing the death of Baljit Kaur. It was observed had he been so active, his wife Taranjit Kaur (respondent No.2) could not have maintained illicit relations with Gurnam Singh (respondent No.1). It was also observed that Darshana Rani (respondent No.6) is married to Baj Singh and she is residing in the house of her in-laws at Village Waghewala. She was to get nothing by harassing Baljit Kaur for bringing less dowry or for causing her death. Jagir Singh (respondent No.5) is the father of accused Gurnam Singh and father-in-law of Baljit Kaur (deceased). It was observed that he is an old person and would not be willing to ruin the house of his two sons, namely, Gurnam Singh and Resham Singh. The said order of the learned Additional Chief Judicial Magistrate has been upheld by the learned Additional Sessions Judge, Ferozepur. Indeed, it may be noticed that the allegations in the complaint (Annexure-P.1) are that Taranjit Kaur (respondent No.2) is the wife of Resham Singh (respondent No.3). She (Taranjit Kaur) was allegedly having illicit relations with Gurnam Singh (respondent No.1) who is the husband of deceased Baljit Kaur. In such circumstances, Resham Singh (respondent No.3) would not be a party to the harassment or the death of Baljit Kaur as he himself would be in a position of an aggrieved person as it is his wife Taranjit Kaur (respondent No.2) who is alleged to be having illicit relations with Gurnam Singh (respondent No.1). Darshana Rani Cr. Misc.-M No.5669/2009 [5] (respondent No.6) is the married sister of Gurnam Singh. She has been living in the house of her in-laws at Village Waghewala. No fault can be found with the orders of the Courts below in not summoning her (Darshana Rani). Jagir Singh (respondent No.5) is the father-in-law of the deceased. Indeed the reasoning given by both the Courts below that he would not want the house of his two sons Gurnam Singh (respondent No.1) and Resham Singh (respondent No.3) to be ruined is just and proper. In the circumstances, no fault can be found with the orders passed by the Courts below in not summoning Resham Singh, Jagir Singh and Darshana Rani (respondents No.3, 5 and 6). They have no role in the death of Baljit Kaur. Besides, in matrimonial dispute the chances of inflating the version so as to include all the family members cannot entirely be ruled out. The other accused, namely, Gurnam Singh, Taranjit Kaur and Mohinder Kaur (respondents No.1, 2 and 4) have been summoned and they would be proceeded against in accordance with law. In the circumstances, in case Resham Singh, Jagir Singh and Darshana Rani (respondents No.3, 5 and 6) have not been summoned, it cannot be said that the same has resulted any miscarriage of justice. In view of the above, there is no merit in this petition and the same is dismissed. March 16, 2009. (S.S. Saron) Judge *hsp*