KULWINDER KAUR Vs. MANJIT KAUR

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for seeking quashing of complaint (P-4) under Sections 406, 498-A and 120-B of the IPC titled as Manjit Kaur v. Jaswant Singh and others, pending in the Court of Judicial Magistrate Ist Class, Kapurthala for 05.02.2009 and summoning Order dated 08.03.2006 (Annexure P-5) passed in the said complaint (P-4), as well as, the subsequent proceedings in pursuance thereof.

(2.) Brief facts of the case are that the petitioners are government servant. Petitioner No. 1 is Anganwari worker and petitioner No. 2 is the Headmaster in the Govt. High School, Talwara. They are uncle and aunt of the husband of the complainant i.e. chacha and chachi. The petitioners have there own family comprising two sons and married daughter and residing separately from last many years and having separate house about = kms away from the house of the husband of the complainant. A copy of the Ration Card (Annexure P-1/1) issued on 01.12.2008 shows that the petitioners are residing separately. The marriage between Jaswant Singh, nephew of the petitioners was solemnized with the respondent-complainant in January 1992. From the said wedlock, six children were born but none of them survived and each one of them died soon after birth. Jaswant Singh, most of the time, remained abroad in connection with earning livelihood. Firstly, he had gone to Dubai and thereafter, he went to Israel. On 01.08.2003, Jaswant Singh filed a petition under Section 13 of the Hindu Marriage Act, 1955 against the respondent-complainant seeking dissolution of their marriage on the ground of cruelty. Subsequent to the filing of divorce petition dated 01.08.2003, the respondent-complainant filed a petition under Section 125 of the Cr.P.C against her husband Jaswant Singh on 22.07.2005 as P-2. Jaswant Singh after appearing in the said petition filed under Section 125 of the Cr.P.C by his wife Manjit Kaur i.e. the respondent-complainant also filed his reply thereto. In fact, Jaswant Singh submitted a complaint dated 15.04.2005 to Senior Superintendent of Police, Kapurthala, on the basis of which, an FIR No. 183 dated 07.11.2005 stands registered against the respondent/complainant with Police Station Bholath, District Kapurthala under Section 420 IPC.

(3.) It is, therefore, contended that in order to pressurize and browbeat, the complainant filed the present complaint dated 06.08.2005 against her husband Jaswant Singh, as well as, his other family members as counter blast to the divorce petition and FIR registered against the complainant.