S.S.GREWAL, J. - (1.) IN this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) read with Article 227 of the Constitution of India the petitioners have sought quashment of the complaint under Section 494 read with Section 109 Indian Penal Code (Annexure P-1) together with consequent proceedings including the order dated 19-8-1989 passed by Judicial Magistrate Ist Class, Karnal (Annexure P-2), whereby, the charge against the accused including the present petitioners was ordered to be framed under Sections 194, 495 read with Section 109 of the Indian Penal Code.
(2.) IN brief, facts relevant for disposal of this case as emerge from the complaint lodged by Smt. Raj Dulari alias Rajeshwari Singh, are, that she was married to Dharam Pal co-accused of the petitioners at Karnal on 8.5.1985 at 3.00 p. m. according to Hindu rites. She came to know later on that Dharam Pal was already married to Smt. Sheela Devi, who, was still alive and was legally wedded wife of Dharam Pal. The petitioners and their other co accused are alleged to have concealed this fact from the father of the complainant, a Class I Officer in the Central Government, with a view to get good dowry from him. It was further pleaded that the marriage of the complainant with Dharam Pal (who died late on) was null and void, and that Dharam Pal aforesaid had committed the offence of bigamy, whereas, his other co-accused including the petitioners had abetted the commission of offence of bigamy. Learned counsel for the parties were heard.
(3.) IT was submitted on behalf of the petitioners that there is no specific mention in the complaint either about the date, month, or the time when the first, marriage of Dharam Pal with Smt Sheela Devi was solemnized. Nor there is any specific allegation about the essential ceremonies which were performed at the time of the solemnization of !he marriage. Nor any evidence in this regard has been produced on the record. It was next submitted that were production of the copy of the application under Section 125 Criminal Procedure Code by Sheela Devi concerning her alleged marriage with Dharam Pal; or, any other documentary evidence produced in this would not be sufficient to prove the factum of first marriage of Dharam Pal with Sheela Devi. It was further submitted that for similar reasons the second marriage of Raj Dulari complainant with Dharam Pal has not been duly proved on the record. It was essential for the complaint to plead as well as to prove the form of the first marriage of Dharam Pal with Sheela Devi, as well as his subsequent marriage with the present complainants.;