GURMEL SINGH Vs. GURMAIL KAUR

JUDGEMENT

(1.) GURMEL Singh and Jagir Kaur (hereinafter described as 'the petitioners') seek quashing of the complaint dated 19. 7. 1993 (Annexure P- 1), the summoning order dated 13. 8. 1993 (Annexure P-2) and the order passed by the learned Additional Sessions Judge dated 3. 8. 1994 (Annexure P-3 ).

(2.) THE relevant facts giving rise to the present petition filed under Section 482 of the Code of Criminal Procedure are that Gurmail Kaur was married to Gurmel Singh - Petitioner No. 1 on 15. 6. 1975 as per Sikh rites. They were blessed with two children on 24. 9. 1976 and 22. 7. 1978 respectively. Gurmel Kaur respondent filed a complaint with respect to the offences punishable under Sections 494 and 494 read with Section 109 of the Indian Penal Code in the Court of Judicial Magistrate, 1st Class, Moga. She alleged about her being harassed and beaten by respondent No. 1 and his two sisters Sikandar Kaur and Nachhattar Kaur. She was turned out of the house. On 4. 10. 1992 petitioner No. 1 is alleged to have contacted second marriage with Parminder Kaur and Karnail Singh Granthi performed the said marriage. Ali the accused are stated to be aware that petitioner No. 1 was married to the respondent. On these broad facts, the complaint as such was filed.

(3.) ON behalf of respondent Gurmail Kaur, preliminary objection was raised to the effect that under the Code of Criminal Procedure a second revision petition is not maintainable and inherent powers of the Court cannot be utilized so as to quash the proceedings regarding which there is specific bar in approaching the High Court in the form of a revision petition. Learned Counsel for the petitioners on the contrary alleged that in the facts of the case when no offence is made out against the petitioners, it is inherent power of the Court under Section 482, Code of Criminal Procedure which can well be utilised. To appreciate the said controversy, reference may be made to Section 397 (3) of the Code of Criminal Procedure which runs as under: