Nawab Singh J. - (1.) Challenge is to the order dated October 6th, 2009 passed by Additional Sessions Judge, Hoshiarpur affirming the order dated January 27th, 2009 of Sub-Divisional Judicial Magistrate, Dasuya (Annexure P-7 and P-6 respectively) whereby application filed by the prosecution under Section 319 of the Code of Criminal for summoning the petitioners was allowed in case bearing First Information Report No.25 dated June 8th , 2007 under Sections 406 and 498A of Indian Penal Code, Police Station Talwara Township, District Hoshiarpur.
(2.) Anjana Chauhan was married with Anand Chauhan on February 8th, 2003. A matrimonial dispute arose . She lodged the aforesaid FIR against seven persons including the petitioners. During investigation, six persons were found innocent. Charge-sheet/challan was filed only against the husband. Anjana Chauhan appeared before the trial Magistrate and deposed that at the time of marriage, sufficient dowry was given by her parents to her husband and the petitioners. The petitioners and her mother-in-law did not allow her to use dowry articles, that is, refrigerator, T.V, washing machine, utensils etc. The petitioner No.1 and 3 are brothers of husband of the complainant and petitioner No.2 is wife of petitioner No.1. The petitioners No.1 and 2 are residing at village Mehra, Tehsil Khakhad, District Kangra. The petitioner No.3 is residing at Baddi (Himachal Pradesh) whereas complainant after marriage was residing at village Garli, Tehsil Dehra, District Kangra.
(3.) In Kans Ram v. state of Punjab, 2000(2) RCR (Criminal) 695 (SC) , the Hon'bl'e Supreme Court observed that a tendency has developed for roping in all the relations in dowry cases and if it is not discouraged, it is likely to affect the case of the prosecution even against the real culprits.;