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ARCHANA MISHRA V/S STATE OF UP & ANOTHER, decided on Monday, August 28, 2017.
[ In the Supreme Court of India, Criminal Appeal No. 1524 of 2017 (Arising out of SLP (Crl.) No. 2207 of 2016). ] 28/08/2017
Judge(s) : J. CHELAMESWAR, PRAFULLA C. PANT & S. ABDUL NAZEER
Advocate(s) : R.K. Kapoor, Kheyali, Rajat Kapoor, Shweta Kapoor, Anis Ahmed Khan. Charu Singhal, Ankur Prakash, Alka Sinha, Anuvrat Sharma, M.R. Shamshad, T.N. Singh, Vikas K. Singh, Umang Tripathi.
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    Leave granted.2. This appeal is directed against the order dated 17.02.2016 whereby the High Court of Allahabad has dismissed the Criminal Revision No. 2847 of 2015 filed by the appellant challenging the order passed by the Additional Sessions Judge Deoria who had summoned her for the offence punishable under Sections 498A 304B I.P.C read with Sections 3 and 4 of D.P. Act.3. The appellant was married to the younger brother of the husband of the deceased on 08.06.2009 nearly four years after the marriage of the deceased. The incident had taken place on 26.10.2011 and on the same date FIR was lodged by the father of the deceased in which the appellant was named as one of the accused. After the investigation no evidence was found against her and her name was not included in the chargesheet. In the final report dated 16.11.2011 the IO has clearly stated that the appellant was at her parental house at the time of the incident. During the course of the evidence PW1(father of the deceased) on 19.07.2013 after a passage of about two and a half years from the date of filing of chargesheet stated that his daughter had disclosed that her husband father-in-law devar devrani and nanad gave her beating and abused her. Thereafter the prosecution moved an application to summon the appellant and two other persons under Section 319 of the CrPC.4. Having heard learned counsel for the parties we are of the view that the evidence produced does not show the involvement of the appellant in the offences. Therefore the Additional Sessions Judge was not justified in summoning the appellant. The High Court was also not justified in dismissing the revision. Hence the appeal is allowed. The order of the High Court in Criminal Revision No. 2847 of 2015 dated 17.02.2016 is set aside. Similarly the order of the Additional Sessions Judge dated 10.06.2015 in S.T. No. 192 of 2012 is also set aside.