MANJIT KAUR AND OTHERS Vs. DARBARA SINGH

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the complaint dated 12.06.2006 (Annexure P-4) titled "Darbara Singh Vs. Paramjit Singh & Others" and all the subsequent proceedings arising therefrom including summoning order dated 21.09.2007 (Annexure P-7).

(2.) Learned counsel for the petitioners has submitted that Paramjit Singh had got married to Davinder Kaur, daughter of the respondent on 19.03.1995. Thereafter, Davinder Kaur and Paramjit Singh started residing in Canada. A decree of divorce was passed on 31.08.2006 by the Supreme Court of British Columbia and marriage of Davinder Kaur with Paramjit Singh was ordered to be dissolved. Thereafter, Paramjit Singh got married to petitioner No.1 Manjit Kaur. Petitioners were not disclosed the factum of earlier marriage of Parmjit Singh with Davinder Kaur. In any case, at the time of marriage of petitioner No.1-Manjit Kaur with Paramjit Singh, the first marriage of Paramjit Singh with Davinder Kaur had already been dissolved vide Anneuxre P-1. Hence, no offence under Section 494 of the Indian Penal Code, 1860 (in short 'IPC') could be said to have been committed by the petitioners.

(3.) Learned counsel for the respondent has submitted that Paramjit Singh had performed marriage with Manjit Kaur during the subsistence of his first marriage. Petitioners were also aware of the factum of first marriage of Paramjit Singh with Davinder Kaur and had, thus, committed offence punishable under Section 494 IPC. Learned counsel has further stated that marriage certificate (Annexure P-2) is forged one.