BALBIR SINGH Vs. AMARJIT KAUR

JUDGEMENT

(1.) PETITIONERS seek quashing of complaint Annexure P-1 and the entire proceedings subsequent thereto including the summoning order Annexure P-2.

(2.) BRIEFLY put, a criminal complaint under Sections 417, 418, 493, 495 and 120-B read with Section 109 of the Indian Penal Code has been filed by Amarjit Kaur against the petitioners and after recording the preliminary evidence, petitioner No. 1 has been summoned by the Trial Magistrate under Section 495 I. P. C. and petitioner No. 2 under Section 495 read with Section 109 I. P. C. Magistrate, however, dismissed the complaint of the respondent against other accused. Petitioners seek quashing of the complaint on the ground that the same is vague and it does not disclose commission of offence under Sections 495 and 495/109 I. P. C. It has also been urged that complaint under Section 495 can be filed by the first wife only and not by the second wife. Since respondent-Amarjit Kaur is not a wife of petitioner No. 1, the present complaint is liable to be quashed. Even on facts, respondent has no case. According to petitioner No. 1 he is married to one Jaspal Kaur. In fact Jaspal Kaur filed a petition against the present petitioners and 11 others in which Amarjit Kaur was also impleaded as an accused person. Ultimately, the Judicial Magistrate vide order dated 28. 11. 1983 discharged the accused persons on the ground that Smt. Jaspal Kaur has failed to prove that Balbir Singh had entered into second marriage with Amarjit Kaur. Copy of judgment dated 28. 11. 1983 is Annexure P-3.

(3.) PURSUANT to the notice of motion issued by the Court, reply has been filed on behalf of respondent-Amarjit Kaur. According to the respondent, she was married to petitioner No. 1 as is proved on the basis of statements of witness. It is also proved on record that Balbir Singh had married Jaspal Kaur, which fact was not disclosed to the answering respondent. Since the answering respondent has been duped she is an aggrieved person and can legitimately file the present complaint in terms of Section 495 I. P. C.