PARAMJIT KAUR Vs. GAMDOOR SINGH

JUDGEMENT

(1.) THROUGH this criminal miscellaneous petition filed under section 482 of the Code of Criminal Procedure, Paramjit Kaur and her father have prayed for the quashing of complaint under Section 494 read with section 120-B IPC (Gamdoor Singh v. Paramjit Kaur, Buta Singh son of Bhagwan Singh and others). Facts :

(2.) PARAMJIT Kaur was married to Baljit Singh son of Gamdoor Singh. As per Gamdoor Singh, his son Baljit Singh was married to Paramjit Kaur according to religious rites and ceremonies at village Sukhladhi about 3 years ago. On 13.9.1997, one Harminder Singh Sarpanch of village Sukhladhi came to him at his village Bhima, PS Rori, District Sirsa and told him that Paramjit Kaur would be married on 14.9.1997 to Buta Singh son of Bhagwan Singh of village Phullo Mithi, Distt. Bhatinda and that Murti and her father were mediating the second marriage of Paramjit Kaur with Buta Singh though they were aware of the fact that Paramjit Kaur was the wife of Baljit Singh and that her marriage with Baljit Singh was still subsisting. On 14.9.1997, he (Gamdoor Singh) along with Sukhdev Singh Panch went to village Sukhladhi in a jeep. He took Harminder Singh Sarpanch along and reached the house of Gurcharan Singh accused No. 1 at village Sukhladi where second marriage of Paramjit Kaur with Buta Singh was being performed. He, Sukhdev Singh Panch and Harminder Singh, Sarpanch requested the accused persons to desist from performing the second marriage of Paramjit Kaur with Buta Singh but they did not desist and the second marriage of Paramjit Kaur was performed with Buta Singh and the necessary religious rites and ceremonies were gone through to unite Paramjit Kaur into wedlock with Buta Singh.

(3.) THIS complaint has to be quashed in the exercise of powers vesting in this court under section 482 Cr.P.C. as on 14.9.1997, the marriage of Paramjit Kaur with Buta Singh was no longer subsisting. Her marriage had been dissolved by decree of divorce under Section 13 of the Hindu Marriage Act by the order of Additional District Judge, Bhatinda dated 4.8.1997 in HMA File No. 20 of 26.9.1995 (Paramjit Kaur v. Baljit Singh) petition under Section 13 of the Hindu Marriage Act, 1995.