The Punjab and Haryana High Court has declined a woman’s plea to summon the parents and grandmother of a man accused of rape on the false promise of marriage. The Court held that the record did not justify taking cognisance against them.
Justice Shalini Singh Nagpal dismissed the revision petition and upheld the trial court’s order.
Allegations Against the Family Members
The complainant alleged that the accused man’s parents and grandmother assured her that he would marry her. She claimed these assurances encouraged the false promise and amounted to abetment.
However, the Court found that the alleged assurances alone could not attract criminal liability for rape or any other offence.
“The act of sexual intimacy was only between the prosecutrix and [xxx]. Assurances given by respondents No. 3 to 5 cannot, by any stretch of imagination, be considered sufficient to take cognizance against them,” the Court observed.
Procedural Background
The police filed a chargesheet only against the man. The complainant then moved an application under Section 358 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) before the trial court. She sought to summon the parents and grandmother as additional accused.
On January 22, the trial court dismissed the application. The complainant subsequently approached the High Court.
Power to Summon Additional Accused
Justice Singh emphasised that the power to summon additional persons is discretionary and extraordinary. Courts must exercise it sparingly.
“It is not to be exercised because the Court feels that some other person may also be guilty. Only strong and cogent evidence can justify such action,” the Court stated.
The Bench stressed that courts should not act in a casual or cavalier manner while invoking this power.
No Prima Facie Case Made Out
Applying this standard, the High Court found no strong evidence against the family members. It held that the trial court’s order was logical and legally sound.
“The order under challenge is logical, legal and does not call for interference,” the Court concluded while dismissing the plea.
Advocate Kamal Narula appeared for the petitioners. Additional Advocate General Kunwarbir Singh represented the State of Punjab.
