Full Judgment Text
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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:
STATE OF PUNJAB AND ANR. ... RESPONDENT(S)
O R D E R
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
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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,
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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.