KARTAR SINGH Vs. RAJDEV KAUR

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, has been filed in this court. seeking quashing of complaint under Section 406/498-A/34 of the Indian Penal Code (Annexure P- 1) and the impugned order dated 9th of October, 1989, passed by Additional Chief Judicial Magistrate, Ludhiana, issuing process by way of summoning of the petitioners for an offence under Section 406 of the Indian Penal Code. It is made clear that none of the accused in the complaint has been ordered to be summoned for the offence other than 406 of the Indian Penal Code.

(2.) THE marriage between Rajdev Kaur complainant and Pritpal Singh, son of the present petitioners, admittedly took place on 29th of November, 1985 at Ludhiana. Unfortunately, the marital bondage between them could not last long and after a few months of the marriage, the spouses separated from each other.

(3.) AFTER taking cognizance of the complaint and recording of perliminary evidence. the learned trial court passed the impugned order dated 9th of October 1989 (annexure P 2) ordering issuance of summons against, the accused in the complaint, for an offence under section 406 of the Indian Penal Code, only.