Criminal Misc. No. M-43152 of 2007 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-43152 of 2007 Date of Decision: 3.2.2009 Ram Parkash …Petitioner Versus Smt. Simro Devi alias Smt. Kulwant Kaur and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.C. Dimri, Advocate for the petitioner. Mr. V.K. Sandhir, Advocate for respondent No.1. Mr. Anter Singh Brar, Deputy Advocate General, Punjab, for respondent No.2-State. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner has preferred the present petition under Section 482 Cr.P.C. seeking quashing of complaint dated 2.9.2004 (Annexure P10) and the summoning order dated 27.10.2005 (Annexure P11). Petitioner has been summoned in a complaint (Annexure P10) for an offence under Sections 494, 409 & 420 IPC. Status report from the Chief Judicial Magistrate, Hoshiarpur, was called. The Chief Judicial Magistrate, Hoshiarpur, has submitted that the case is fixed for recording of pre-charge evidence on 21.2.2009. Counsel for the petitioner has relied upon order dated 13.11.2006(Annexure P8) passed by learned Additional Chief Judicial Criminal Misc. No. M-43152 of 2007 2 Magistrate, Hoshiarpur, in proceedings under Section 125 Cr.P.C. in which it was held that complainant-wife is not entitled to maintenance as she has failed to prove marriage with the accused. When the pre-charge evidence will be led, petitioner will have an opportunity to cross-examine the witness and put the contents of an order passed on an application under Section 125 Cr.P.C. Order passed on application under Section 125 Cr.P.C. can also be placed on record of the trial Court while framing of the charge. The same shall be taken into consideration by the trial Court. Whether a finding given in proceedings under Section 125 C.P.C. is binding or not is another question which has to be dealt with by the Courts below. Keeping in view these circumstances, trial Court is directed to conclude the trial within one year from the receipt of certified copy of this order. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 3, 2009 “DK”