PARAMJIT KAUR Vs. GURCHARAN SINGH

JUDGEMENT

(1.) THIS is an application under Section 407 (1)(c) read with section 482, Code of Criminal Procedure. The petitioners are facing certain allegations made by Shri Gurcharan Singh in a complaint filed in the Court of Judicial Magistrate Ist Class, Ludhiana.

(2.) THE complainant Gurcharan Singh was married to Paramjit Kaur in the year 1986. The couple had a girl child after marriage. A dispute, however, arose between them and culminated in the dissolution of marriage in the year 1990. The wife, Paramjit Kaur, filed an application for maintenance against her husband Gurcharan Singh under section 125 of the Code of Criminal procedure and she was granted maintenance allowance at the rate of Rs. 500/ - per month. The respondent filed a revision petition against the grant of maintenance allowance and that petition is said to be pending in the Sessions Court, Faridabad. The wife, Paramjit Kaur, also filed a criminal complaint against her husband on 28.4.1992, alleging an offence under section 406 of the Indian Penal Code. This criminal complaint is also pending in a criminal Court at Faridabad.

(3.) THE present application has been filed for the transfer of the criminal complaint which has been filed by Shri Gurcharan Singh against Paramjit Kaur and four other persons, alleging offences under sections 323, 452, 504 and 506, Indian Penal Code. Besides Paramjit Kaur her mother Manki Devi, and her three brothers, namely, Inderjit Singh, Lal Chand and Amrik Singh, are also accused in the said criminal case filed by Gurcharan Singh. It has been alleged in the complaint that all the five accused persons came from Faridabad to Ludhiana and entered the house of the complainant, Gurcharan Singh, on 4.7.1992, gave abuses and caused hurt to him by giving stick blows and beating him with slaps. The complainant has also filed a petition under the Hindu Minority and Guardianship Act, 1956, for the custody of the minor child. Orders have been passed in complainant's favour regarding the custody of the minor child. It has been alleged in the criminal complaint that all the five accused persons came to the house of the complainant to put pressure on him so that he may not puruse his execution application filed by him in the Court for the custody of the minor daughter, Jasbir.