SURJIT KAUR Vs. SURJIT KAUR

JUDGEMENT

(1.) THIS Criminal miscellaneous under Section 482 of the Code seeks the quashing of the order of learned Sessions Judge, Bhatinda dated 16-11-1988 and the order of the learned Judicial Magistrate 1st Class dated 24-1-1985.

(2.) THE brief facts which are necessary for decision of this case are that Smt. Sarjit Kaur is the wife of Jagga Singh, she filed a complaint on the basis that about 8/9 months prior to the filing of the complaint, Jaggi Singh had contracted second marriage with Smt. Guddi petitioner No. 2 Her mother Smt. Surjit Kaur, who is arrayed as one or the accused, is alleged to have abetted the offence. The marriage was performed by Anand Karaj ceremonies and had been witnessed by Ajaib Singh, Harnek Singh and Gurnam Singh. The other co-accused had also participated in the marriage, and given Shagun and performed Gidha aid Bhangia.

(3.) THE petitioners now have challenged the order of summoning on the basis that there was no evidence for essential ceremonies with respect to the second marriage. There was no evidence that Smt. Guddi was aware of the fact that Jagga Singh was previously married to Smt. Surjit Kaur. Some of the accused-persons had been discharged by the order of the learned Sessions Judge. The case of Smt. Surjit Kaur was not distinguishable from that of other co accused.