Paramjit Kaur vs Gamdoor Singh

M.L. Singhal, J.—Through this criminal miscellaneous petition filed u/s 482 of the Code of Criminal Procedure, Paramjit Kaur and her father

have prayed for the quashing of complaint u/s 494 read with section 120-B IPC (Gamdoor Singh v. Paramjit Kaur, Buta Singh son of Bhagwan

Singh and others).

Facts:

Paramjit Kaur was married to Baljit Singh son of Gamdoor Singh. As per Gamdoor Singh, his son Baljit Singh was married to Paramjit Kaur

according to religious rites and ceremonies at village Sukhladhi about 3 years ago. On 13.9.1997, one Harminder Singh Sarpanch of village

Sukhladhi came to him at his village Bhima, PS Rori, District Sirsa and told him that Paramjit Kaur would be married on 14.9.1997 to Butta Singh

son of Bhagwan Singh of village Phullo Mithi, Distt. Bhatinda and that Murti and her father were mediating the second marriage of Paramjit Kaur

with Buta Singh though they were aware of the fact that Paramjit Kaur was the wife of Baljit Singh and that her marriage with Baljit Singh was still

subsisting. On 14.9.1997, he (Gamdoor Singh) along with Sukhdev Singh Panch went to village Sukhladhi in a jeep. He took Harminder Singh

Sarpanch along and reached the house of Gurcharan Singh accused No. 1 at village Sukhladi where second marriage of Paramjit Kaur with Buta

Singh was being performed. He, Sukhdev Singh Panch and Harminder Singh, Sarpanch requested the accused persons to desist from performing

the second marriage of Paramjit Kaur with Buta Singh but they did not desist and the second marriage of Paramjit Kaur was performed with Buta

Singh and the necessary religious rites and ceremonies were gone through to unite Paramjit Kaur into wedlock with Buta Singh.

This complaint was filed on 24.9.1997 by Gamdoor Singh. After recording preliminary evidence. Sub Divisional Judicial Magistrate, Talwandi

Sabo found that there was sufficient ground to proceed against Paramjit Kaur, Buta Singh and Gurcharan Singh u/s 494 IPC.

This complaint has to be quashed in the exercise of powers vesting in this court u/s 482 Cr.P.C. as on 14.9.1997, the marriage of Paramjit Kaur

with Buta Singh was no longer subsisting. Her marriage had been dissolved by decree of divorce u/s 13 of the Hindu Marriage Act by the order of

Additional District Judge. Bhatinda dated 4.8.1997 in HMA File No.20 of 26.9.1995 (Paramjit Kaur v. Baljit Singh) petition u/s 13 of the Hindu

Marriage Act, 1995.

It was though an ex parte decree but it is not that ex parte a decree where Baljit Singh was absent from beginning. Baljit Singh appeared and

contested the petition on 6.12.96 when the case was fixed for reconciliation, none appeared to contest on behalf of the respondent Baljit Singh and

he was proceeded against ex parte. On 14.9.1997, therefore, Paramjit Kaur was no longer the wife of Baljit Singh. Her marriage stood dissolved

by decree of divorce on 4.8.1997.

This Crl. Misc. Petition is allowed accordingly. Complaint is quashed as also the order Annexure P-1 summoning them and also the subsequent

proceedings.