Surinder Kaur alias Chhindo vs Bhag Singh

J. B. Garg, J.

Satwinder Kaur is the daughter of complainant Bhag Singh and she was married to Amrik Singh on 1151986 at village Sujjon in district Jalandhar. The aforesaid Satwinder Kaur performed her marital obligations but it has been alleged that Amrik Singh and several other members of the family were unhappy because they considered the dowry inadequate. She returned to the house of her parents after five weeks of her marriage.

On 2361986 Amrik Singh married Jaswinder Kaur at Meerut before the Marriage Officer and got the aforesaid marriage registered. At the time of the registration of marriage, the other accused such as Jarnail Singh, Manjit Kaur brother and sister of Amrik Singh and Bant Kaur the mother of Amrik Singh and Surinder Kaur were also present. The complainant has further alleged that Jaswinder Kaur accused No. 2 was aware that Amrik Singh was already married to Surinder Kaur who is still alive and that in the second marriage the other coaccused No. 3 to 6 also took active part and on these allegations the complaint under Section 494 of the IPC was instituted. Shri K. K. Lomas, Judicial Magistrate, Nawanshahr after recording the statements of PW 1 Bhag Singh father of the first wife, PW 2 Tirath Singh and PW 3 Tara Singh summoned the accused for the offence under Section 494 of the IPC on 21111988. Aggrieved against this order, present petition under Section 482 of the Code of Criminal Procedure has been moved for quashing the proceedings.

Amrik Singh married Jaswinder Kaur daughter of Darshan Singh on 2361986 before the Marriage Officer, Meerut. The contention raised on behalf of Jaswinder Kaur accused No. 2 in this petition is that she never knew that Amrik Singh was already married to Satwinder Kaur. It has been specifically alleged in para No. 7 of the present petition that Satwinder Kaur daughter of Bhag Singh complainant is married to Gurdev Singh now resident of Derby, England and it is supported by declaration dated 1481986 which is Annexure P5 and visa Annexure P6. It has been instituted by her father Bhag Singh. There is a kind of proceedings of divorce recorded by a scribe of Nawanshahr on 24121987. This document contains a mention that Satpal Singh a brother of aforesaid Satwinder Kaur received a sum of Rs. 14,000/ in cash from father of Amrik Singh. Bhag Singh now complainant was also a witness to these proceedings. Satwinder Kaur herself has not instituted the complaint. While arguing in another connected petition (Cr. M. No. 1752M of 1990) instituted by Jarnail Singh. accused attention has been invited to Resham Singh and another v. Kartar Singh and others, 1983(2) RCR(Crl.) 497 (P&H) : 1984 PLR 78 wherein institution of such a complaint not by the first wife but by her father was disliked. In all these circumstances the contention of the learned counsel for respondents that intervention of this Court at this stage is not called for does not carry weight.

It may be specifically mentioned here that Amrik Singh the husband has died on 24111988 in a road accident at Phagwara. This is an admitted fact. Thus, Amrik Singh the husband having died and first wife who herself is living abroad and has not come forward to the Court the present petitions succeed and the proceedings arising out of the complaint instituted by Bhag Singh are hereby quashed.