Padeep & ANR. v. State Of Haryana

Crl. Revision No. 395 2012 -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Revision No. 395 of 2012 Date of Decision: 15.10.2015.

Pardeep and another ........Petitioners Vs.

State of Haryana .......Respondent

CORAM:

HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Gautam Dutt, Advocate for the petitioners.

Ms. Dimple Jain, AAG, Haryana.

Mr. Sumit Gupta, Advocate for the complainant.

.....

SABINA, J.

Petitioners have filed this petition under Section 401 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order dated 24.1.2012 whereby application moved by the prosecution under Section 319 Cr.P.C., was allowed by the Trial Court.

Learned counsel for the petitioners has submitted that petitioners are the brothers of Kiranpal, father-in-law of the deceased. Petitioners were residing separately and had no concern with the matrimonial life of the deceased. Petitioners were found innocent during investigation. Husband, father-inlaw and mother-in-law of the deceased, who had faced the trial have since been convicted and sentenced by the Trial Court. Learned counsel for the complainant has submitted that the application under Section 319 Cr.P.C. was moved by the GURPREET SINGH 2015.10.19 15:27 I attest to the accuracy and authenticity of this document chandigarh

Crl. Revision No. 395 2012 -2 - prosecution for summoning the petitioners to face the trial as additional accused. However, now the complainant has no grievance against the petitioners and has no objection if the petition is allowed as husband, father-in-law and mother-in-law of the deceased have been convicted and sentenced by the Trial Court.

In the present case, so far as the petitioners are concerned, the allegations against them were that they had taunted the deceased that she had lowered their prestige. Petitioners are the brothers of the father-in-law of the deceased. Petitioners were residing separately. It appears that they might have been involved in this case due to their relationship with the in-laws family of the deceased. However, now learned counsel for the complainant has submitted that he has no objection if the present petition is allowed. Moreover, the husband, father-in-law and mother-in-law of the deceased, who had faced the trial, have since been convicted and sentenced by the Trial Court. Accordingly, this petition is allowed. Impugned order dated 24.1.2012 is set aside.

(SABINA) JUDGE October 15, 2015 Gurpreet GURPREET SINGH 2015.10.19 15:27 I attest to the accuracy and authenticity of this document chandigarh