GURDIP SINGH AND ANR Vs. MOHINDER KAUR

JUDGEMENT

(1.) Present petition has been filed by Nirmal Kaur sister of Dhanna Singh and her husband Gurdip Singh praying that complaint dated 23.04.2003 (Annexure P-1) and summoning order dated 04.12.2003 (Annexure P-2) be quashed. On the complaint, the petitioners have been summoned to stand trial for an offence punishable under Section 494/34/120-B IPC. The complaint was instituted by Mohinder Kaur, sister of Gurmeet Kaur Sahota. Nirmal Kaur is sister of Dhanna Singh, who was married with Gurmeet Kaur Sahota on 30th March, 1986. A certificate regarding registration of their marriage was attached along with the complaint (Annexure P-1). Under Section 198(1)(c) Cr.P.C., Mohinder Kaur being sister of Gurmeet Kaur Sahota, was competent to institute the complaint.

(2.) In the preliminary evidence, complainant Mohinder Kaur stepped into the witness box as CW-1 and Joga Singh as CW-2. They stated that Dhanna Singh had performed second marriage on 15th September, 2002. This fact was also corroborated by CW-3 Paramjit Singh. Along with the complaint, the list of witnesses was also annexed. The petitioners have not placed on record the said list, however, the same has been placed on the case file as Annexure R-1 by the complainant. Gurmeet Kaur Sahota, the aggrieved wife, has also been cited as a witness.

(3.) Mr. Puran Singh Hundal, Senior Advocate assisted by Mr. Dinesh Trehan, Advocate, appearing for the petitioners, has raised following arguments: