NAVPREET KAUR Vs. BALBIR KAUR

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973, relates to quashment of complain filed by Smt. Balbir Kaur, present respondent, against the petitioners under Section 494 read with Sections 109 and 464 of the Indian Penal Code, pending in the Court of Addl. Chief Judicial Magistrate, Kapurthala and consequent proceedings taken on the basis of the said complaint including the order dated 14.9.1990 for summoning the petitioners.

(2.) MANJIT Singh, his wife Kamalpreet Kaur, Bakhtawar Singh and Gurmaij Kaur, parents of Manjit Singh accused have also filed petition i.e. Criminal Misc No. 753-M of 1991, for quashment of the aforesaid complain and the summoning order and other consequential proceedings taken against the said petitioner by the Addl. Chief Judicial Magistrate, Kapurthala. As common questions of law and fact are involved, both these petitions shall be disposed of by one order.

(3.) IN reply, the complainant raised preliminary objection that in the instant case question of alleged second marriage of Shamsher Singh with Navpreet Kaur is a disputed question of fact which cannot be gone into the present proceedings and the complaint is liable to be quashed. Besides some other objections concerning the wrong entries made in the birth register were also raised. It was asserted that Shamsher Singh has entered into second marriage with Navpreet Kaur and there is no legal or cogent material on the record in order to quash the complaint or the proceedings taken thereunder against the accused-petitioners.