BALJEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition, filed under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.'), is for quashing of FIR No. 0180 dtd. 5/10/2019, registered under Ss. 419 and 494 of IPC (Sec. 120-B of IPC added later on) at Police Station Tibba, District Ludhiana along with all the subsequent proceedings having emanated threrefrom.

(2.) The brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of a written complaint submitted by respondent No. 2 Sarabjit Kaur alleging therein that she was married to Nirmal Singh (petitioner's brother) on 19/12/2010 as per Sikh rites. A male child, namely Prabhjot Singh, was born from the wedlock on 10/10/2011. Due to matrimonial discord, she was allegedly harassed by her husband and in-laws. Panchayats were convened but failed to resolve the dispute. Thereafter, her husband Nirmal Singh demanded divorce, which the complainant refused. He subsequently filed a petition for divorce by mutual consent under Sec. 13-B of the Hindu Marriage Act on 1/7/2016, which remained pending till 23/2/2017, when it was dismissed. During the subsistence of the said marriage and pendency of the divorce proceedings, Nirmal Singh is alleged to have solemnized a second marriage on 15/1/2017 with one Sandeep Kaur at Village Rurki Khas, Tehsil Garhshankar, District Hoshiarpur. While alleging that the second marriage of his husband was performed with the knowledge, participation and connivance of various relatives including petitioner, she prayed for taking action in the matter. After registration of the FIR, investigation proceedings were initiated. During interregnum, Nirmal Singh is stated to have died on 25/9/2020.

(3.) It is argued by learned counsel for the petitioner that she has been falsely implicated in the aforementioned FIR. She was the elder sister of Nirmal Singh. Due to some matrimonial discord with her brother Nirmal Singh, respondent No.2/complainant had started living at his parental house since the year 2013. Several litigations were going on between them. At a point, the dispute was amicably settled between them but they again started living separately. Subsequently, a divorce petition under Sec. 13-B of the Hindu Marriage Act was filed but later on, due to withdrawal of her consent by respondent No.2, the same was dismissed.