BALBIR KAUR Vs. DALIP SINGH

JUDGEMENT

(1.) Smt. Jasbir Kaur wife of Joginder Singh filed a complaint against Balbir Kaur (petitioner) widow of Rajwant Singh and some others under Sections 494/114/109/34, Indian Penal Code, in the Court of Hukam Chand, Judicial Magistrate, Ist Class, Patti, district Amritsar on 2nd May, 1985.

(2.) After preliminary evidence, the petitioner was summoned along with other accused to stand trial. During pendency of the said complaint, Jasbir Kaur complainant died and an application was filed by her father Dalip Singh in the said Court that he may be allowed to continue with the said proceedings and vide order dated 22nd Aug. 1986 passed by the trial Court he was allowed to continue with the proceedings. After appearing before the trial Court, the petitioner filed an application alleging that Jasbir Kaur deceased was the only aggrieved person with the alleged second marriage and as she had died, the complaint should be dismissed in her absence, and the petitioner be discharged. This application was dismissed vide order dated 3rd Feb. 1987, annexure-P. 1. The petitioner has come up before this Court for quashing the said order.

(3.) Learned counsel for the petitioner basing his arguments on the provisions of Section 249 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) (hereinafter called the Code) has submitted that the death of the complainant amounts to her absence and therefore under Section 249 of the Code, the order and the complaint should be quashed and more so because under Section 198 of the Code only an aggrieved person can file the complaint and as the aggrieved person has already died, this complaint is not maintainable.