Anup Singh Kohli and ors. vs Ravinder Kaur and anr.

G.S. Chahal, J.

Anup Singh Kohli and others, through this criminal misc. under Section 482 Cr.P.C. read with Article 227 of the Constitution have sought the quashing of the complaint under Sections 494, 498A, 120B and 109 IPC, the summoning order dated 12387 and the consequent proceedings pending before the Chief Judicial Magistrate, Bhiwani.

The impugned complaint has been brought by Smt. Ravinder Kaur, respondent 1 wife of Paramjeet Singh, Anup Singh petitioner 1 is the father; Surinder Pal Singh alias Mohni petitioner 2 is the brother; Smt. Rajinder Kaur, petitioner 3 is the sister and Smt. Raj Kaur, petitioner 4 is the mother of Paramjit Singh. The complaint has been filed on the allegations that respondent 1 was married to Paramjeet Singh on 5579 according to Sikh rites. Out of this wedlock, a female child was born. Sometimes, after the marriage, the members of the family of the husband started harassing the complainant on the pretext of insufficiency of dowry. They also started maltreating her. Pressure was also brought upon her to arrange the match of one of her sisters. Mohanjit Kaur for petitioner 2 brother of her husband. This proposal being not acceptable to her sister and parents, could not materialise. Her husband was employed in Dubai. He promised to have her migrated to that country. She even applied for a passport but he did not take her to that country. She even applied for a passport, but he did not take her to that country. Rajinder Kaur alongwith her husband Rajender Singh Chadha entered into a criminal conspiracy with his other relations (the accused) and arranged the second marriage of Paramjeet Singh at Lucknow. Ceremonies of the said marriage were performed by Sh. Kharak Singh Ragi. This marriage however, remained a secret. Paramjeet Singh filed a petition for divorce which he ultimately withdrew. Out of the second marrige of Paramjeet Singh, a child was born on 19.6.84 at Delhi and another child at Lucknow on 14.5.85. The complainant examined her sister Mohanjit Kaur and her father Samunder Singh, besides making her own statement about the second marriage performed by Paramjit Singh. She also examined Shri D.P. Ghosh, Assistant Passport Officer, Lucknow about the issuing of passport to Smt. Paramjeet Kaur. She also relied on birth certificate of a child Ex. P5; letters Annexures P1 to P4 and a copy of divorce petition Annexure P6 and tape recorded conversation marked `Z'' and `B''.

The case of the complainant is that the second marriage of Paramjit Singh with Smt. Paramjit Kaur was performed at Lucknow in consequence of a criminal conspiracy entered into between Paramjit Singh and his relations. This marriage had, however, remained a secret. Smt. Rajender Kaur, Smt. Mohanjit Kaur and Samunder Singh stated about having collected information regarding the second marriage of Paramjit Singh with Smt. Paramjit Kaur. The entire evidence of these witnesses is based on hearsay and not on their own knowledge. No effort was made to bring forth any witness who might have seen the performance ofthe second marriage. There is also no evidence about the present petitioners having entered into a criminal conspiracy and having abetted Paramjit Singh to commit the offence of bigmay. The tape recorded conversation of Kharak Singh Ragi has no evidentiary value. Although the impugned complaint contains some allegations of conspiracy, but the same was not substantiated by any evidence. The trial Court had, thus no evidence before it for summoning of the petitioners to stand a trial for offence under Sections 494 read with Section 109 IPC. I hereby accept the criminal miscellaneous and quash the impugned complaint, the summoning order and the consequent proceedings.