LAWS(P&H)-2001-11-56

NAFE SINGH Vs. MOHINDER DASS

Decided On November 07, 2001
NAFE SINGH Appellant
V/S
Mohinder Dass Respondents

JUDGEMENT

(1.) THIS is a petition under section 482 Cr.P.C. filed by the accused petitioners, seeking quashment of the criminal complaint and the summoning order dated 17.12.1999 passed by the learned Magistrate ordering summoning of the accused-petitioner under section 494 read with sections 109 and 120-B IPC and all subsequent proceedings taken thereon.

(2.) IN the criminal complaint, copy Annexure P1, it was alleged by Mohinder Dass, complainant, that his marriage with Smt. Santosh Rani (accused No. 1) had taken place on 20.2.1990, according to Hindu rites by Satpathi and that accused No. 1, Smt. Santosh Rani is has legally wedded wife and that they lived together as husband and wife and a son namely Onkar @ Om Parkash was born out of ths wedlock. It was alleged that his wife accused No. 1 Santosh Rani left the matrimonial house on 12.4.1998, leaving the minor child in the house of the complainant. It was alleged that the complainant made efforts to trace his wife Smt. Santosh Rani but in vain and ultimately about a week back Gurdas Ram PW met the complainant and told him that that on 10.5.1998 he had gone to a Mandir at Panipat and there he saw accused No. 1 Santosh Rani being married with accused No. 2 Sanjay Kumar and that all the accused persons were present at the time of said marriage. It was alleged that Gurdas Ram had told him that he (Gurdas Ram) had told accused Sanjay and other accused that accused Santosh Rani was already married with Mohinder Dass complainant and how she was contracting the marriage second time, whereupon all the accused told him (Gurdas Ram) as to who he was to interfere in the said marriage. It was alleged that in the presnece of Gurdas Ram, the second marriage of Smt. Santosh Rani with accused Sanjay Kumar had taken place. It was alleged that after he came to know about the said marriage from Gurdas Ram, the complainant made inquiries and came to know that his wife Smt. Santos Rani had contracted second marriage with accused Sanjay Kumar. It weas alleged that since sicne accused Santosh Kumari had contracted second marriage with accused Sanjay Kumar, in connivance with other accused, during the lifetime of her husband Mohinder Dass, complainant, all the accused had committed the offence under Sections 494/109/120-B IPC. After recording preliminary evidence in the form of statements of Mohinder Dass as CW1 and Gurdas Ram as CW2, the learned Magistrate vide order dated 17.12.1999 ordered summoning of accused No. 1 Smt. Santosh Rani for the offence, the under Section 494 IPC, while remaining accused for the offence under Section 494 IPC read with Sections 109 and 120-B IPC.

(3.) THE question that comes up for consideration in the present petition is as to whether the present petitioners, who are the parents, brother, sister and sister's husband of accused Sanjay Kumar, the alleged second husband of Santosh Rani, had committed any offence under Sections 494 read with Sections 109 and 120-B IPC, as they were present at the time when the alleged second marriage of Smt. Santosh Rani had taken place with Sanjay Kumar.