JIT SINGH Vs. BALJIT KAUR

JUDGEMENT

(1.) BY this order I will dispose of two criminal miscellaneous i.e. Criminal Misc. No. 20006-M of 1998 titled as Gurjant Singh v. Baljit Kaur and Criminal Misc. No. 2988-M of 1994 titled as Jit Singh and others v. Baljit Kaur seeking quashing of complaint No. 46 dated 4.6.1992 pending in the court of Shri Jasjit Singh Bhinder, Judicial Magistrate Ist Class, Sangrur Annexure P.1 and the summoning order passed by the Trial Court Annexure P-2 in the interest of justice.

(2.) A few facts can be noticed in the following manner :- Jit Singh was husband of Baljit Kaur. He filed a petition under section 13 of the Hindu Marriage Act against his wife Baljit Kaur and Gurjant Singh respondents on the ground that respondent No. 1 Baljit Kaur was living in adultery with Gurjant Singh and also on the ground of cruelty. The notice of the petition was given to the respondents and the petition was contested by respondent No. 1. The Matrimonial Court framed six issues including the one whether respondent No. 1 is having illicit relations with respondent No. 2 and she had voluntarily sexual intercourse with respondent No. 2 after the solemnisation of the marriage. The pleas of cruelty were covered by issues No. 2, 3 and 4 and the other pleas were covered by issues No. 5 and 6. While determining findings on issue No. 1, the matrimonial court decided this issue against Jit Singh. However, issues No. 3, 4, 5 and 6 were decided against the respondent as a result of which the petition filed by Jit Singh succeeded and decree for divorce was granted in favour of Jit Singh vide judgment dated 23.4.1990. The judgment has become final between the parties. Subsequently Baljit Kaur filed criminal complaint No. 46 of 6.6.1992 against her ex-husband Jit Singh and Shamsher Singh, Jagar Singh, Baljit Singh, Paramjit Singh and Gurjant Singh under sections 193, 500, 509 and 120-B of the Indian Penal Code and the main grouse of the complainant Smt. Baljit Kaur was that in the matrimonial proceedings her ex-husband Jit Singh had levelled false allegations of adultery covered under issue No. 1 in connivance with Gurjant Singh and since findings on issue No. 1 had gone against Jit Singh, therefore, he (Jit Singh), Gurjant Singh and other persons who appeared as witnesses are guilty for the offences under Sections 193/500/509/120-B of the Indian Penal Code. Not satisfied with the complaint and the summoning order the present two petitions and challenge has been given to the complaint and the summoning order on the ground that filing of the criminal complaint by Baljit Kaur is nothing but an abuse of the process of law and that the remedy if any lies with Baljit Kaur is to file an application under section 340 Cr.P.C. before the matrimonial court which alone could decide as to whether complaint under Section 193 IPC and other provisions of law is necessary to be filed against the present petitioners. On the contrary the stand of Smt. Baljit Kaur is that Jit Singh in connivance with other persons intentionally levelled false allegations regarding adultery and finding on Issue No. 1 by the Matrimonial Court has gone against petitioners, therefore, they are prima facie guilty for the offences.