ASHOK KUMAR CHOPRA Vs. KRISHNA KUMARI

JUDGEMENT

(1.) ASHOK Kumar has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing the complaint dated 9-9-1987 filed by Krishan Kumari respondent under Section 494 of Indian Penal Code and the entire proceedings initiated thereupon, including the impugned order dated 18-5-1989 passed by Judicial Magistrate 1st Class, Karnal, whereby charge against the petitioner was ordered to be framed under Section 494 I. P. C.

(2.) THE brief facts of the case that emerge from the complaint are that Krishna Kumari was married to Ashok Kumar according. to Hindu rites at Karnal on 2-10-1984. Thereafter she resided with the petitioner in the house of her in laws. Ashok Kumar, his parents and sisters started taunting Krishna Kumari for not bringing adequate dowry and continued harassing her in spite of the entreaties made by her and her parents. Finding that father of Krishna Kumari was unable to fulfil their demands, they turned out Krishna Kumari from the house on 12-11-1984. Efforts to rehabilitate Krishna Kumari made by her and her parents remained futile. Ashok Kumar rather filed a petition under Section 12 of the Hindu Marriage Act claiming that Krishna Kumari was impotent and of unsound mind. He sought annulment of marriage but when Krishna Kumari was found medically fit that petition was withdrawn. After withdrawal of the petition Krishna Kumari and her parents again approached Ashok Kumar and his parents when they Were assured that Krishna Kumari will be rehabilitated. On 19-2-1986 Krishna Kumari learnt that Ashok Kumar had contracted a second marriage with Raj Kumari. Enquiry was made by the father of Krishna Kumari regarding second marriage by Ashok Kumar when he found that Ashok Kumar had obtained an ex parte decree of divorce by managing a false report of refusal on the summons. An application was then moved for setting aside the ex parte decree of divorce dated 6-1-1986. In reply to that application Ashok Kumar admitted that after passing of the exparte decree of divorce he had entered into a second marriage With Raj Kumari. The second marriage was performed according to Hindu rites on 16-2-1986 in a temple known as 'deviwala' situated in Gharaunda, Tehsil and District Karnal by Pandit Prithi Ram, resident of village Rajpur Jattan. It was performed with the active support and connivance of the parents of Ashok Kumar and parents of Raj Kumari and, thus, complaint under Section 494 I. P. C. was filed against all these persons-for the commission of offence of bigamy by Ashok Kumar and abetment of the offence by the other accused arraigned in the complaint. Vide the impugned order, the Judicial Magistrate 1st Class, Kamal, found that a prima-facie ease for commission of offence punishable under Section 494 I. P. C. was made out against Ashok Kumar petitioner and he was ordered to be charge-sheeted accordingly.

(3.) I have heard the counsel for the parties.