AMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. to quash the order dated 21.7.1988 whereby the petitioners were summoned for the offences u/s 498A/120 B I.P.C.. I have heard learned Counsel for the petitioner and the learned A.G.A.

(2.) A complaint was filed by Smt. Khem Shree that sometime after her marriage, her husband Amar Singh started misbehaving with her, she therefore, started living with her parents; that Amar Singh has remarried with another woman; that other petitioners had instigated Amar Singh to marry with the another woman.. After the recording the evidence of the complainant and another witnesses, the learned Magistrate passed the summoning order dated 30.7.88 against the petitioners for the offences u/s 498A, 120B I.P.C.

(3.) I have perused the complaint filed y opposite party no.2 Khem Shree. The allegations against Amar Singh are that he started misbehaving with the complainant, Khem Shree, therefore, the complainant started living with her parents; that Amar Singh had remarried with Parvati on 20.3.86 in collusion with the some other petitioners. The learned Magistrate issued summoning order for offences u/s 498A, 120B I.P.C. No facts have stated in the complainant showing the conspiracy of other persons regarding the marriage of Amar Singh with Parvati. Mere participation in the second marriage, does not mean that the participants had prior knowledge that Amar Singh was already married with the complainant, and was going to marry with another woman.