DARSHAN KAUR Vs. SHASIHI BALA

JUDGEMENT

(1.) This order of mine will dispose of three connected petitions Cr. M. 982M/93, Cr1. M. 2883-M/93 and Cr1. M. 725-M/93, as the facts are the same in all these petitions.

(2.) All the petitioners have been arrayed as accused in a complaint titled as Shashi Bala v. Tilak Raj pending in the Court of Sh. T.R. Bansal, JMIC, Chandigarh and have been summoned by that Court to stand trial for offences under Sections 494, 109 and 114, I.P.C. By means of these petitions the petitioners seek quashing of the complaint as well as the summoning order.

(3.) Shashi Bala-respondent who is the complainant before the Court of Magistrate was married to Tilak Raj arrayed as Accused-I. According to the averments made in the complaint, the marriage of Shashi Bala was solemnised with Tilak Raj on Aug. 13, 1974 and a male child was born out of that wed-lock at Patiala on June 23, 1975. The relations of the parties having become strained, Shashi Bala brought a complaint under Section 125, Cr. P.C. in which maintenance was ordered to be paid to her. Tilak Raj obtained an exparte decree for divorce by procuring a false and fictitious report of serving of summons upon her. This decree is dated Feb. 28, 1983. On May 15, 1983, Tilak Raj contracted a second marriage with Darshan Kaur and for that marriage accused 3 to 8 assisted Tilak Raj, although they knew the fact that Shashi Bala, the first wife was alive. Shashi Bala moved an application under Order 9 Rule 13 of The C.P.C. for setting aside the exparte decree, which was allowed and the decree was set aside on Nov. 29, 1986 and the appeal against that order was also dismissed. After the setting aside of this exparte decree, divorce petition of Tilak Raj was dismissed on merits by Sh. R.S. Sharma, Additional District Judge, Patiala vide his-judgment dated March 30, 1989. During the proceedings for setting aside of the exparte decree, Tilak Raj and Darshan Kaur had made their statements where they had admitted the fact of their marriage inter se.