ASHA THAKUR Vs. TEJVIR SINGH

JUDGEMENT

(1.) The matter has been taken up through video-conferencing on account of outbreak of pandemic COVID19. Two separate criminal revisions No. 299 of 2014 and No. 03 of 2015 were separately filed by then petitioners Tejvir Singh and Anupama respectively before the Court of ld. Addl. Sessions Judge Chandigarh whereby they had challenged the order dated 20th October 2014 of the Court of learned Judicial Magistrate 1st Class Chandigarh whereby both these petitioners then accused were summoned to face trial under Section 494 IPC.

(2.) Upon hearing Mr. Ranjan Lakhanpal, Advocate for the petitioner and Mr. S.S. Narula, Advocate for respondent No.1 and perusal of the records in detail.

(3.) The present petitioner Asha Thakur filed a complaint against then 12 persons under Section 494 IPC on the allegations that she got married with Tejvir Singh on 23.07.1996 at Delhi in Luxmi Narayan Temple which was got registered with the Registrar of Marriages at Tis Hazari Courts, Delhi. It is alleged that Tejvir Singh assaulted the complainant at the instance of his parents as a consequence of which Asha Thakur filed a criminal case under Section 376 IPC by way of FIR 127 dated 04.07.2004 and upon compromise between the parties the case was withdrawn. Revisionist Asha Thakur alleged that Tejvir Singh thereafter performed marriage with complainant at a public function and both of them thereafter resided together for six months. As story goes Asha Thakur states that on 23.02.2006 Tejvir Singh on the pretext of attending a meeting had gone out of station but thereafter did not return and instead she came to know that he has deserted her. It is thereafter a notice was received from Court of learned District Judge, Chandigarh as to the pendency of a divorce petition filed by Tejvir Singh and during the course of which it transpired that Tejvir Singh had married Anupama out of which they had two children. As is there highlighted in the arguments of the two sides the parties had between themselves multiple litigations civil as well as criminal. In the case in hand, the complainant Asha Thakur alleged that Tejvir Singh and Anupama married during the subsistence of her marriage. Upon challenge as to the summoning order by the Judicial Magistrate 1st Class Chandigarh, the Additional Sessions Judge Chandigarh vide order dated 24.01.2014 set aside the summoning order dated 09.05.2013 directing the trial Court to ascertain through facts as to the lawfulness of the first marriage, its subsistence and prohibition of second marriage during subsistence. It is alleged that the orders were mechanically passed.