DARSHAN SINGH Vs. MANJIT KAUR

JUDGEMENT

(1.) DARSHAN Singh petitioner has moved this criminal miscellaneous under section 482, Cr.P.C. for quashing of the complaint Annexure PI and the summoning order dated, 2-8-1989, passed by the Judicial Magistrate I Class Batala, Annexure P2.

(2.) SMT . Manjit Kaur, complainant respondent brought a complaint Annexure P1 against Darshan Singh, petitioner and 9 others, for offences under Sections 494/109, IPC. It was averred by the complainant that she was married to Darshan Singh petitioner on 5 4.81, in accordance with the Sikh rites by taking 4 Lawans around Shri Guru Granth Sahib at village Badowal Khurd, Tehsil Batala. This marriage was performed in the presence of respectables of the village and her father Gurparkash Singh and Gurpartap Singh, the go between. On 1-3-85 the petitioner had remarried Smt. Balbir Kaur at village Dheerowal, according to the Sikh rites, Anand Karaj by taking 4 Lawans around Shri Guru Granth Sahib. This marriage was performed by Surat Singh in presence of Sudagar Singh and others. On the day the marriage was performed, her father Gurparkash Singh and Gurpartap Singh, aforesaid, had reached the spot and informed the parties that the petitioner was already married to the respondent and that the second marriage should not be performed, but the accused insisted and since then the petitioner and Smt. Balbir Kaur have been living as, husband and wife and out of their wedlock, a male child was born, to Smt. Balbir Kaur on 22-10-88. Accused-3 to 10 had actively participated in the second marriage performed by the petitioner with Smt. Balbir Kaur. Vide order Annexure P2, the learned Magistrate ordered the summoning of the accused persons, including the petitioner. A revision preferred against that order was dismissed by Sh. G. S. Khurana, Addl. Sessions Judge, Gurdaspur vide order dated 19-4-91.

(3.) IN the return filed, the factum of filing the previous complaint and its dismissal have not been denied.