JOGINDER SINGH Vs. MOHINDER KOUR

JUDGEMENT

(1.) PETITION under section 561 -A has been filed by the petitioners to seek quashment of the complaint filed by respondent u/s 494/109 RPC which is pending on the files of ld. III Addl. Munsiff Srinagar. In the complaint the allegations are made that accused No.1 has married with accused No.2 during the subsistence of marriage of complainant with accused No.1. On the filing of the said complaint cognizance has been taken of the offences by ld. III Addl. Munsiff and process issued. In the complaint it is stated that accused No.1 had deserted the complainant which constrained her to file proceedings u/s 488 Cr.P.C in which an ex -parte order was passed. The said ex -parte order was challenged by filing revision petition before the ld. Pr. Sessions Judge Srinagar. On 1st of August 2008 the complainant and the petitioner No.3 entered into compromise which interalia provided that petitioner No.3 will divorce his second wife within weeks time. As no action was taken so respondent was constrained to file the complaint as mentioned above. The petitioners have filed this petition on the principal ground that the marriage between petitioner No.3 and respondent was not subsisting at the time of filing of the complaint as the marriage was dissolved by a decree passed by Additional District Judge (Matrimonial cases Jammu) dated 19th April 2002.

(2.) HEARD learned counsel for parties. Considered the matter.

(3.) THE ld. Counsel for petitioners has submitted that in view of the fact that the marriage between the petitioner No.3 and respondent was already dissolved in pursuance of the court decree so no offences have been committed by petitioners as alleged in the complaint.