BHIM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of Criminal Procedure, the following facts need to be stated before dealing with the points arising herein :-Bhim Singh petitioner was married to Shrimati Jaspreet Kaur on March 30, 1986. The bride's father is stated to have given ornaments and various other articles, detailed in the First information Report, as dowry. The husband and in-laws of the girl were dissatified with the dowry. There was a demand of Rs. 1,00,000/- for buying a car. The girl's father gave Rs. 60,000/- at his native village Khara in district Patiala in the month of May, 1987, for the purchase of car. This, however, did not satisfy the husband and his parents. Jaspreet Kaur was subjected to harassment. The further case is that by practising fraud, the husband obtained an ex parte decree for dissolution of marriage under Section 13 of the Hindu Marriage Act on March 1, 1989 and later on turned out the wife from his , house on April 13, 1989. Since then Jaspreet Kaur is living at her father's house at village Khara, Police Station Mulepur district Patiala. Her father lodged FIR (Annexure P-2) dated April 28, 1989, for offences under Sections 498-A/406 of the Indian Penal Code.

(2.) WHILE the case was still at the investigation stage, the husband has filed this petition for quashing the F. I. R.

(3.) TO up-date the facts, an application for setting aside the ex parte decree of annulment of marriage was made by the wife. The ex parte decree was set aside by the District Judge, Chandigarh, vide order dated March 20, 1990, A revision filed against the said order has since been dismissed by this Court. Before setting aside the ex-parte decree, however the husband is alleged to have remarried some other lady.