SUKHJIT KAUR ALIAS BHAJAN KAUR Vs. SURJIT KAUR

JUDGEMENT

(1.) SMT . Sukhjit Kaur alias Bhajan Kaur and others by means of this Criminal Miscellaneous under Section 482, Cr.P.C. seek the quashing of the complaint Annexure P -1 and the summoning order dated 3.2.89, Annexure P -2. The complaint had been filed by Smt. Surjit Kaur respondent against the present petitioner, as well as her husband Malkiat Singh and one Chhinder Kaur who is alleged to be his second wife (accused -1 and 2) and others. The prosecution has been launched under Section 494/109, IPC. Other petitioners are close relatives of Malkiat Singh and Smt. Chhinder Kaur.

(2.) ACCORDING to the averments made in the complaint, Annexure P -1, the marriage of Surjit Kaur -complainant with Malkiat Singh was solemnised in March 1980 by means of Anand Karaj ceremony. Two children were born out of this wedlock out of whom only one son is surviving. Sufficient dowry had been given at the time of marriage. In September 1988, Malkiat Singh, after entering into conspiracy with the present petitioners, contracted second marriage with Chhinder Kaur at Gurdwara of village Singo by means of Anand Karaj ceremony. The fact of the first marriage of Malkiat Singh with Surjit Kaur was known to the petitioners and their co -accused. This marriage was performed by Harbax Singh Granthi. Tek Singh and Jarnail Singh had also tried to restrain the performance of the second marriage. Since Malkiat Singh was a rich man, an attempt had been made by some of the petitioners to grab his property and in fact, 120 kanals of land had been got mutated by Sukhjit Kaur, Gobo alias Gurdev Kaur, Sukhdev Kaur alias Guddi in order to deprive Surjit Kaur of her right to maintenance.

(3.) THE learned Magistrate, after recording the statements of Surjit Kaur, Jarnail Singh, Baldev Singh, Jaswant Singh and Tek Singh had found that there was sufficient material to proceed against the petitioners and their co - accused for the offences complained of.