LOVELY DAUGHTER OF SIKANDER BHASIN Vs. SANTOSH KUMARI

JUDGEMENT

(1.) THIS is a petition under Section 482, Criminal Procedure Code, for quashing the complaint filed by the respondent against the petitioners and others under Sections 494, 409, 109, 34 of the Indian Penal Code.

(2.) THE respondent who was married with Madan Lal co -accused of the petitioners had filed a complaint against seven persons namely Madan Lal, his father Tulsi Dass, Rai Rani wife of Ram Lal, Ram Lal son of Amar Lal and the three petitioners alleging that she was married to Madan Lal on 27.5.1979 according to Hindu rites and ceremonies. The relations between the husband and wife were not cordial, so she was maltreated and neglected by Madan Lal. It is further stated in the complaint that Madan Lal has remarried with Smt. Lovely petitioner No. 1 and now they are living as husband and wife. The allegation further is that the petitioner Nos. 2 and 3 are father and mother, respectively of petitioner No. 1. The grievance of the complainant is that she being the legally wedded wife of Madan Lal, the second marriage performed by him with Smt. Lovely petitioner No. 1 is against law and amounts to an offence.

(3.) IN the complaint she appeared as P.W.1 and produced Shri Om Parkash P.W. 2. The learned Magistrate vide his order dated 9.1.1987, summoned the accused (including the petitioners) under Sections 409, 494, 1109, 34 of the Indian Penal Code.