RAJINDER SINGH AULAKH Vs. MOTA SINGH SEKHON

JUDGEMENT

(1.) The petitioners have approached this Court by way of instant petition under Section 482 of the Code of Criminal Procedure ('Cri PC for short) invoking the inherent jurisdiction for quashing of complaint No. 42/1 dated 2.5.2008 (Annexure PI) titled as "Mota Singh Sekhon versus Gurbarinder Singh Aulakh" and others under Sections 406. 498A. 506 IPC and also the summoning order dated 3.3.2009, passed by the learned Chief Judicial Magistrate 1st Class, Jalandhar, (Annexure P2).

(2.) Succinctly put, the facts necessary for resolving the issue involved in the present case, are that the marriage between Gagandeep Kaur (daughter of the respondent) and Gurbarinder Singh Aulakh (son of the petitioners No. 1 and 2) was solemnised on 13.2.2005, it is pertinent to note here that the present petition was not pressed qua Gurbarinder Singh Aulakh (petitioner No. 3) and this Gourt vide order dated 27.10.2010. dismissed the petition qua Gurbarinder Singh Aulakh, as withdrawn.

(3.) It is the further case of the petitioner that Gurbarinder Singh Aulakh went to New Zealand on 1.3.2005. Thereafter, his wife Gagandeep Kaur left for New Zealand on 2.4.2005. It is also submitted that Gagandeep Kaur stayed with the petitioner Nos.l and 2 only for few days and they were not, in any manner, liable for the "matrimonial dispute between husband and wife i.e. Gurbarinder Singh Aulakh and Gagandeep Kaur. Differences between the husband and wife arose when they stayed at New Zealand and ultimately they got separated on 2.7.2005, as alleged by the petitioners. Gurbarinder Singh Aulakh filed divorce petition for dissolution of the marriage in the Family Court. District North Shore. Auckland (New Zealand) and vide order dated 24.9.2007, passed by that Court, the divorce was granted and the marriage was dissolved The decree of divorce was not challenged by Gagandeep Kaur and it became final, copy whereof is appended with the petition as Annexure P3.