BALBIR SINGH Vs. SMT. HARJEET KAUR AND ORS.

JUDGEMENT

(1.) BY way of this Criminal Misc. Application, Petitioner has prayed to quash the cognizance order dated 26.10.2005 passed by learned Civil Judge, (Junior Division) / Judicial Magistrate, Kashipur in Criminal Case No. 616 of 2005 Harjeet Kaur v. Balbir Singh and Ors. The said order was passed by the learned Magistrate asking Balbir Singh and Paramjeet Kaur to stand trial for the offence 494, 504, 506 Indian Penal Code.

(2.) AFTER hearing learned Counsel for the parties, it appears that complainant Harjeet Kaur was espoused with Balbir Singh on 15.06.1984 as per Hindu Rituals. For quite a number of years, the couple passed a happy matrimonial life but later when Harjeet Kaur could not conceive a baby the attitude of Balbir Singh turned into hostility and this conduct went to the extent that Balbir Singh became indulged in illicit relations with other women. Besides, as alleged he used to invite other persons to his home and ask his wife (complainant) Harjeet Kaur to submit herself before his friends, when resisted she was expelled from her husband's house and Balbir Singh without taking any divorce from his legally wedded wife complainant Harjeet Kaur, wedded with Respondent No. No. 2 Paramjeet Kaur in Moradabad. It is pertinent to mention that Balbir Singh is a Junior Engineer, his place of posting is at Moradabad, so he resides there now along with his second wife Paramjeet Kaur.

(3.) THE contention of the learned Counsel for the Petitioner is that Balbir Singh is residing at Moradabad. Even if, the allegations stated in the complaint are taken to be true, ex parte against Paramjeet Kaur and Balbir Singh, albeit the incident of beating as well as pushing the complainant outside the house has been done in the territorial jurisdiction of Moradabad court's. So the court of Kashipur lacks jurisdiction to take cognizance in the matter. This contention has been rebutted by learned Counsel for the complainant, by arguing that Harjeet Kaur helplessly residing in her parents' house at Jaspur so the consequences of second marriage of Balbir Singh with Paramjeet Kaur are ensuing of making Harjeet Kaur to live with her parents at Jaspur. The entire impact of the second marriage of Balbir Singh is ensuing within the territorial jurisdiction of police station Jaspur.