HARBANS SINGH Vs. AMARJIT KAUR

JUDGEMENT

(1.) The challenge in the present petition under Section 482 Cr.P.C. is for quashing complaint dated 10.4.1990, Annexure P.1 and summoning order dated 7.12.1991, Annexure P.2, and order dated 15.6.1993, copy Annexure P.3 passed by the learned trial Court.

(2.) Briefly, facts giving rise to the present petition are that complainant Amarjit Kaur was married to Harbans Singh petitioner herein on 22.1.1975. Present petitioner filed a petition for dissolution of marriage in the year 1984 and a decree for dissolution of marriage was granted on 11.8.1986. The complainant filed a complaint on 10.4.1990 against her husband and other relations. However, subsequently, on her statement, other relations were given up.

(3.) The Trial Magistrate after recording preliminary evidence passed order or summoning under Sections 498 A/406 IPC, copy Annexure P.2. However, on an application moved by the petitioner, the petitioner was discharged for an offence under Section 498-A IPC. Therefore, the challenge in the present petition is summoning of the petitioner under Section 406 IPC.