RAJESH BINDAL,J - (1.) THE prayer in the present petition filed under Section 482 Cr.P.C. is for quashing of complaint No. 29 filed on April 5, 2002 under Section 494 IPC titled as Amar Kaur v. Ram Singh and others and the summoning order dated July 7, 2005 passed by Judicial Magistrate Ist Class, Rup Nagar.
(2.) BRIEFLY the facts as stated in the petition, are that the petitioner No. 1 was working in the Postal Department. The marriage between the petitioner No. 1 and the respondent took place in 1956. Out of the wedlock one female child namely, Pal Kaur was born. As the parties could not pull on together, they started living separately. Ultimately with the intervention of the villagers and the panchayat, the relationship ended in the year 1960. However, the petitioner No. 1 continued to take care of his daughter Pal Kaur and was also regularly in touch with the parents and brothers of the respondent. With the intervention of the parents of the respondent, petitioner No. 1 was re-married with maternal sister of father of the complainant in the year 1962. Out of the new wedlock of petitioner No. 1 with petitioner No. 2 five children were born. All of them are married and are settled and the petitioners are having grand children as well. Ever since, the marriage of petitioner No. 1 was solemnized with petitioner No. 2 way back in 1962 and till the year 2000 the respondent did not have any grouse. The problem started only when a suit for maintenance was filed by the respondent in which finally the maintenance was fixed @ Rs. 1500/- per month vide judgment dated November 23, 2005. During the pendency of the suit, the impugned complaint was filed on April 5, 2002 in which the petitioners have been summoned to face trial under Section 494 IPC.
(3.) IT is in this factual matrix that the petitioners are before this Court seeking quashing of the complaint and all subsequent proceedings arising therefrom.;