BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge here is to the framing of a charge under Section 494 of the Indian Penal Code against the petitioner-Sowarnjit Kaur on the ground that according to the complainant's own showing, she was not aware of the fact that her husband Balwinder Singh was earlier married to the complainant and this marriage was still subsisting. Counsel for the petitioners, in this behalf, adverted to the first information report recorded on the statement of the complainant-Jaswinder Kaur where it is specifically stated that on March 28, 1986 her husband Balwinder Singh married Sowarnjit Kaur, who did not know that he was already married to her. In the face of this statement, the charge against Sowarnjit Kaur under Section 494 of the Indian Penal Code cannot be sustained and is accordingly hereby quashed.

(2.) NONE of the other charges framed against the petitioners warrants any interference revision. This revision petition is consequently hereby accepted to this extent. Petition accepted