Karampal
Kaur Vs. State of Punjab & ANR. [2009] INSC 1479 (24 August 2009)
Judgment
IN THE
SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1605
OF 2009 [Arising out of SLP(Crl.) No. 1678/2009] KARAMPAL KAUR ... APPELLANT(S)
:VERSUS:
O R D E R
1.
Leave granted.
During
the pendency of the trial in a dowry case filed under Section 498-A of I.P.C.,
an application under Section 319 of the Code of Criminal Procedure was moved by
the prosecution for summoning Karampal Kaur as an accused. The said application
was dismissed by the Chief Judicial Magistrate, Muktsar vide his order dated
31.8.2007.
Against
the aforesaid order of the Chief Judicial Magistrate, Muktsar, a criminal
revision was filed by the complainant - respondent No.2 herein, before the
Sessions Judge, Muktsar. The learned 2 Additional District and Sessions Judge,
Muktsar while accepting the revision petition, set aside the order dated
31.8.2007 passed by the Chief Judicial Magistrate and allowed the application
under Section 319 Cr.P.C.
Against
the aforesaid order, the appellant filed a revision before the High Court. The
High Court upheld the order dated 1.4.2008 passed by the Additional District
and Sessions Judge, Muktsar and dismissed the revision petition.
Aggrieved
by and dissatisfied with the order passed by the High Court, the appellant has
preferred this appeal by special leave.
This
Court issued notice on 2.3.2009 and in pursuance of the said notice, Mr. Vivek
K. Goyal, learned counsel has appeared for the State of Punjab and Mr. Arvinder
Singh, learned counsel appeared for respondent No.2.
We have
heard the learned counsel appearing for the parties.
In the
entire statement of PW-1 Jagwinder Kaur, 3 the only allegations against the
appellant is that goods, like suits, utensils, bedding etc. were kept by her in
box and Almirah. There is no other allegation against the appellant in this
case. This allegation, in our opinion, is hardly sufficient to convict the appellant
for the offence under Section 498-A of Cr.P.C. Compelling the appellant to face
the criminal trial on the basis of this allegation would be an abuse of the
process.
The
impugned order of the High Court is totally devoid of any merit and it is
accordingly set aside.
Consequently,
the summoning order passed under Section 319 Cr.P.C. against the appellant is
quashed.
The
appeal is allowed and disposed of with the aforementioned observations.
....................J (DALVEER BHANDARI)
....................J (Dr. MUKUNDAKAM SHARMA)
NEW DELHI,
AUGUST 24, 2009.
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