MOHINDERJIT KAUR Vs. PARMINDER KAUR GILL

JUDGEMENT

(1.) Parminder Kaur Gill respondent filed a complaint against the petitioners and others for offence under Ss. 494 and 494 read with S. 109, IPC on the allegations that she was married to Sukhdev Singh Gill accused No. 1 in the complaint, about 12 years prior to the filing of the complaint, at Moga by Anand Karj ceremony. She lived with Sukhdev Singh as his wife in Dogar Basti, Faridkot, but no child was born out of this wed lock. Sukhdev Singh practised as an Advocate at Faridkot while she was employed as D.P.E. in Barring College, Batala. She frequently visited Faridkot and sometimes Sukhdev Singh came to Batala. Accused Nos. 3 and 4 i.e. Surinder Singh and Mohinderjit Kaur parents of accused No. 2 were employed as teachers in Education Department at Faridkot and they were well acquainted with her mother who was also posted as a teacher in Government Girls School Faridkot. They knew about her marriage with Sukhdev Singh but in spite of that all the accused after consultations and fully knowing that she was the legally wedded wife of Sukhdev Singh performed marriage of Surinder Jit Kaur accused No. 2 with Sukhdev Singh. The second marriage was performed by Bhagwan Singh Granthi by Anand Karj ceremony. Surinder Singh and Mohinderjit Kaur parents of Surinder Jit Kaur, Nirmal Singh brother Surinder Kaur brother's wife and Manjit Kaur sister i.e. accused No. 3 to 7 participated in the marriage and the second marriage took place with their help.

(2.) Preliminary evidence was recorded in the case and after thoroughly discussing the same the learned Chief Judicial Magistrate, Faridkot found that a prima facie case under S. 494, IPC was made out against Sukhdev Singh and Surinder Jit Kaur accused and for an offence under S. 494 read with S. 109, IPC against Surinder Singh Mohinderjit Kaur and Nirmal Singh but since Surinder Singh died during the pendency of the case proceedings abated against him, Surinder Kaur and Manjit Kaur were discharged.

(3.) The petitioners Mohinderjit Kaur i.e. mother of Surinderjit Kaur and Nirmal Singh her brother filed the present petition under S. 482 of the Code of Criminal Procedure for quashing the complaint Annexure P/1 and the order dated 28-9-1992 of Chief Judicial Magistrate, Faridkot Annexure P/2 on the ground that the allegations made in the complaint did not indicate commission of any offence by them and the proceedings initiated against them were illegal and mala fide. Even the evidence brought on record in the Court of Chief Judicial Magistrate, Faridkot did not disclose commission of any offence by them. The impugned order Annexure P/2 was passed without application of judicial mind and was void ab initio. Surinderjit Kaur was a practising lawyer and both she and Sukhdev Singh were matured persons capable of taking independent decisions about their personal matters.