ANUP SINGH KOHLI Vs. RAVINDER KAUR

JUDGEMENT

(1.) ANUP Singh Kohli and others, through this criminal misc. under Section 482 Cr.P.C. read with Article 227 of the Constitution have sought the quashing of the complaint under Sections 494, 498-A, 120-B and 109 IPC, the summoning order dated 12-3-87 and the consequent proceedings pending before the Chief Judicial Magistrate, Bhiwani.

(2.) THE impugned complaint has been brought by Smt. Ravinder Kaur, respondent -1 wife of Paramjeet Singh, Anup Singh petitioner -1 is the father; Surinder Pal Singh alias Mohni petitioner 2 is the brother; Smt. Rajinder Kaur, petitioner 3 is the sister and Smt. Raj Kaur, petitioner - 4 is the mother of Paramjit Singh. The complaint has been filed on the allegations that respondent - 1 was married to Paramjeet Singh on 5-5-79 according to Sikh rites. Out of this wedlock, a female child was born. Sometimes, after the marriage, the members of the family of the husband started harassing the complainant on the pretext of insufficiency of dowry. They also started maltreating her. Pressure was also brought upon her to arrange the match of one of her sisters. Mohanjit Kaur for petitioner -2 brother of her husband. This proposal being not acceptable to her sister and parents, could not materialise. Her husband was employed in Dubai. He promised to have her migrated to that country. She even applied for a passport but he did not take her to that country. She even applied for a passport, but he did not take her to that country. Rajinder Kaur alongwith her husband Rajender Singh Chadha entered into a criminal conspiracy with his other relations (the accused) and arranged the second marriage of Paramjeet Singh at Lucknow. Ceremonies of the said marriage were performed by Sh. Kharak Singh Ragi. This marriage however, remained a secret. Paramjeet Singh filed a petition for divorce which he ultimately withdrew. Out of the second marrige of Paramjeet Singh, a child was born on 19.6.84 at Delhi and another child at Lucknow on 14.5.85. The complainant examined her sister Mohanjit Kaur and her father Samunder Singh, besides making her own statement about the second marriage performed by Paramjit Singh. She also examined Shri D.P. Ghosh, Assistant Passport Officer, Lucknow about the issuing of passport to Smt. Paramjeet Kaur. She also relied on birth certificate of a child Ex. P5; letters Annexures P1 to P4 and a copy of divorce petition Annexure P-6 and tape- recorded conversation marked 'Z' and 'B'.