8. Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in this case. It is settled principle of law that for summoning any accused under Section 313 Cr.PC, the Court has to see whether there is strong and cogent evidence against such person laid before the Court and not merely probability of his complicity. The evidence which must be more than prima facie case, though it may be sort of proof for conviction. He further submits that after perusal of the evidence of four prosecution witnesses during the trial, it clearly transpires that there is not even a prima facie case against the petitioners. They are parents-in-law of the complainant and as per the evidence on record, the complainant’s marriage with her husband has been running into rough weather on account of disturbed conjugal life. The complainant has suspicion that her husband/Navneet Kumar, who is co-accused, has illicit relationship with some other lady and he is not interested to establish conjugal relationship with her. It has also come on record that husband/Navneet Kumar, who is co-accused, on the other hand, has alleged that the complainant-wife is having illicit relationship and she is cruel towards him and hence, he has filed divorce petition against his complainant-wife and only subsequent to filing of this divorce
