PARKASH KAUR Vs. DALBIR SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by Smt. Parkash Kaur petitioner (Complainant) against the order dated 5-7-1989 passed by the Judicial Magistrate 1st Class, Fazilka, by which the respondents were discharged and the complaint filed by Smt. Parkash Kaur was dismissed.

(2.) SMT. Parkash Kaur on 24. 1. 1983 filed a complaint under Sections 494/109, Indian Penal Code, against Dalbir Singh and others, respondents making therein the following allegations.

(3.) THE marriage between the petitioner (complainant) and Dalbir Singh, respondent No. 1, was solemnized by way of Anand Karaj on 9. 3. 1981. The parties are governed by Hindu Law and the marriage was solemnized as per Hindu Dharam Shastra as per Hindu Sikh religion and Anand Karaj ceremony at village Sardargarh. They had been cohabiting as husband and wife of village Narwana and, out of the wed-lock one son name Paramjit Singh was born at village Mobeke on 16. 7. 1982. Thereafter, the petitioner went to the house of her in-laws where she started living as usual as wife of Dalbir Singh, respondent No. 1. Her father-in-law, mother-in-law as well as Dalbir Singh respondent started saying that she brought less dowry in her marriage. Despite her showing inability to bring more dowry, Dalbir Singh respondent started illtreating and beating the petitioner by saying that if she did not bring Rs. 10,000/- for purchasing a motor-cycle, then she would not be kept in his house. As the petitioner could not meet this demand, she was turned out of the house by Dalbir Singh respondent saying that she would not be kept by him and he would solemnize second marriage. The petitioner came to the house of her parents. The father of the petitioner along with the petitioner and two other persons, namely, Bachan Singh and Dewan Singh, approached respondents Nos. 1 to 4 and requested them not to put a demand of more dowry as Kangan Singh, father of the petitioner, was a poor man and his daughter be kept with them but they refused to do so saying that they would solemnize second marriage of Dalbir Singh, respondent No. 1. It was alleged by the petitioner that about one month prior to filing of this complaint, she came to know that Dalbir Singh respondent had solemnized a second marriage with Smt. Vidya Bai respondent No. 5, by performing Anand Karaj ceremony as per Sikh rites by taking seven Pheras around Shri Dalbir Singh in connivance with all other accused-respondents who had the knowledge about the subsistence of marriage between the petitioner and Dalbir Singh respondent In the second marriage, Kirpal Singh son of Harnam Singh was a middle-man and Anand Karaj hymns were recited by Kapoor Singh son of Chaseet Singh where Bhagwan Singh son of Maha Singh of Dhabwali Dhab was also present. The petitioner and her father went to Dewan Singh son of Malla Singh of village Narwana, Tehsil Suratgarh, and collected a Panchayat and went to the house of the accused-respondents and said that the petitioner be kept in the house by Dalbir Singh respondent and the second wife should be left by him, but the accused-respondents Nos. 1 to 5 refused to be do so and, in the presence of the Panchayat, admitted that Dalbir Singh, respondent No. 1, had solemnized second marriage on 9-3-1982 with Smt Vidya Bai respondent No. 5, in connivance with all the accused-respondents who were residing in the house of Dalbir Singh, respondent No. 1.