Jit Singh vs Baljit Kaur

R.L. Anand, J.

By this order I will dispose of two criminal miscellaneous i.e. Criminal Misc. No. 20006M of 1998 titled as Gurjant Singh v. Baljit Kaur and Criminal Misc. No. 2988M 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 P2 in the interest of justice.

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 exhusband Jit Singh and Shamsher Singh, Jagar Singh, Baljit Singh, Paramjit Singh and Gurjant Singh under sections 193, 500, 509 and 120B of the Indian Penal Code and the main grouse of the complainant Smt. Baljit Kaur was that in the matrimonial proceedings her exhusband 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 193/500/509/120B 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.

After considering rival contentions raised by the learned counsel for the parties, I am of the considered opinion that the complaint was nothing but an abuse of the process of law as Smt. Baljit Kaur wanted to wreck vengeance against Jit Singh on account of her unsuccessful result which has culminated on account of the decision by the Matrimonial Court who passed decree of divorce in favour of Jit Singh against his wife Baljit Kaur. A close reading of the findings on issue No. 1 only suggests that this issue remained unsubstantiated for want of proper evidence. There is no finding given by the Matrimonial Court to the effect that the allegations of adultery levelled by Jit Singh are false and frivolous to his knowledge and that those have been levelled in the petition under section 13 of the Hindu Marriage Act in connivance with Gurjant Singh or other witnesses. Moreover, the judgment passed by the Matrimonial Court has become final and it was never challenged by Baljit Kaur. Otherwise also as per Section 340 Cr.P.C. it was obligatory on the part of Baljit Kaur making prayer for prosecution of the petitioners under section 340 Cr.P.C. for filing complaint for the offence under section 193 IPC. Since there is no finding on the part of the Civil Court that Jit Singh and others had committed any defamation against Smt. Baljit Kaur in connivance with Gurjant Singh and other petitioners. The complaint filed by Baljit Kaur was nothing but to wreck vengeance and it has been moved with mala fide intention. In view of the findings given by the Hon''ble Supreme Court in State of Haryana v. Bhajan Lal, 1991(1) RCR(Crl.) 383 : AIR 1992 SC 604 it becomes necessary for this court to invoke power under Section 482 Cr.P.C. as sufficient ground has been made to quash the complaint and the summoning order. Resultantly, both the petitions are hereby allowed and the complaint and the summoning order stand quashed and directions are given to the Trial Court not to prosecute the petitioners.