Crl. R No. 2970 OF 2010 ****** Harpal Singh and another vs State of Punjab & another Present : Mrs. Baljit Mann, Advocate for the petitioners. Mr. S.S.Chandumajra, DAG Punjab for respondent No.1. Mr. H.S.Brar, Advocate for respondent No.2. ******* This petition has been filed against the order dated 25.10.2010 of the learned Additional Sessions Judge, Patiala summoning the petitioners under Section 319 of the Cr.P.C to face trial. Counsel for the petitioners has argued that whatever may be the differences between the deceased and her husband on the one hand and the deceased and her mother-in-law on the other hand, the fact is that the petitioners, who are Jeth and Jethani of the deceased, are proved to be living separately since prior to the marriage of the deceased. On this point of fact, counsel for the complainant has not joined the issue. It is also not disputed that after thorough inquiry, the police found the petitioners to be innocent. Further, the only allegation levelled is that the petitioners told the father of the deceased that dowry articles were not given to them as per their standard. In my considered opinion, the fact that the petitioners are residing separately from the deceased and her husband is determinative in this case. It is highly unlikely that a person who is living separately would also indulge in harassment for dowry. In the circumstances, this petition is allowed and the impugned order qua the petitioners is set aside. ( AJAY TEWARI ) March 09, 2011. JUDGE `kk'