SUMANDEEP KAUR Vs. JOGINDER SINGH AND ANOTHER

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of complaint No.42/1 dated 01.05.2006 titled as "Joginder Singh Vs. Sumandeep Kaur and others" under Sections 420, 494, 109, 120-B and 34 of the Indian Penal Code (for short, 'the IPC') (Annexure P-1) and summoning order dated 13.03.2010, passed by the learned Judicial Magistrate 1 st Class, Ludhiana (Annexure P-2), and all subsequent proceedings flowing therefrom.

(2.) The learned counsel for the petitioner contends that the petitioner was married to respondent No.1, Joginder Singh, in the year 2000. However, their marriage could not subsist and they formally separated on 27.12.2001, vide Agreement/Divorce deed, Annexure P-3. She also relinquished her legal right to seek maintenance from her husband, respondent No.1. Thereafter, the petitioner remarried with one Saudagar Singh in the year 2002. The learned counsel contends that the complaint, Annexure P-1, was lodged by the complainantrespondent after a long and inordinate delay of about four years, with a mala fide intention to harass the petitioner. The learned counsel further contends that as far as the question of genuineness of the document, Annexure P-3 is concerned, the appropriate remedy for respondentcomplainant was to approach the Civil Court. On the other hand, the learned counsel for respondent No.1 submits that the marriage between respondent No.1 and the petitioner still subsists and in spite of that, the petitioner solemnized second marriage.

(3.) I have heard the learned counsel for the parties and considered their rival contentions.