AMARDEEP SINGH & OTHERS Vs. MANDEEP KAUR

JUDGEMENT

(1.) THE prevent criminal revision has been directed against the order dated 12.09.2013 passed by the learned Additional Sessions Judge, Ludhiana, whereby the criminal revision filed by respondent Mandeep Kaur was accepted and the learned trial court was directed to pass fresh order regarding framing of charges as per law. The brief facts of the case are that marriage of respondent -complainant, Mandeep Kaur, was solemnized with Amardeep Singh (petitioner No. 1) on 10.02.1991 at village Mehndipur as per Anand Karz ceremony. No child was born out of the said wedlock and hence, the husband and other family members of Amardeep Singh were condemning her as barren. Her in -laws were also demanding dowry in the shape of Bullet motor cycle, maruti car etc. Despite intervention of Panchayat, the matter could not be resolved. Her in -laws also misappropriated the istri dhan of Mandeep Kaur and, therefore, FIR No. 93 dated 26.09.1996 for the offences punishable under Sections 406 and 498A, IPC, was registered against Amardeep Singh, Shingara Singh, Balbir Kaur, Rajwinder Kaur, Gurpal Singh and Sukhwinder Singh @ Sonu. Without knowledge of Mandeep Kaur, an ex parte decree of divorce was obtained by Amardeep Singh and an application for setting aside the said decree was presented by Mandeep Kaur in the month of September, 2000. Mandeep Kaur and her family came to know that Amardeep Singh had performed second marriage with Manjit Kaur on 05.12.1998. Harjit Kaur @ Choti had acted as a mediator to the second marriage. Sukhdev Singh and Surinder Kaur are the parents of the second wife of Amardeep Singh. All the accused named in the complainant filed by the complainant, Mandeep Kaur, for the offences punishable under Sections 420 and 494 read with Section 120B, IPC, joined hands to get the marriage between Amardeep Singh and Manjit Kaur solemnized. All of them had complete knowledge that the first marriage of Amardeep Singh with Mandeep Kaur was still in subsisting. On 24.08.1999, a child was born from the second wife of Amardeep Singh at Kokila Maternity Home, Jagroan. The birth entry of the said child in the name of Gurleen Singh was entered in the register of the Municipal Council, Jagraon. Mandeep Kaur approached the police but the case was registered for the offence punishable under Section 420, IPC, only vide FIR No. 113 dated 05.12.2000. The petitioners/accused were summoned by the learned Area Judicial Magistrate for the offence punishable under Section 494 read with Section 120B, IPC, vide order dated 02.08.2001.

(2.) AFTER appearance of the petitioners, the complainant/ respondent Mandeep Kaur examined the following witnesses in pre -charge evidence: -

(3.) AGGRIEVED against the order dated 12.09.2013 passed by the learned Additional Sessions Judge, Ludhiana, the petitioners have filed the present criminal revision petition. Learned counsel for the petitioners submits that the learned Additional Sessions Judge had passed an illegal and manifestly wrong order and the same was liable to be set aside. He further submits that after scanning the whole evidence, the learned Judicial Magistrate Ist Class had rightly pronounced the discharge order. He further argues that from the perusal of the evidence of the five witnesses examined by the complainant, prima facie case for commission of the offence under Section 494 read with Section 120B, IPC, was not made out and hence, the order passed by the learned Additional Sessions Judge is liable to be set aside.