IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.51538-M of 2004 Date of decision: 27th September, 2010 Harpreet Kaur and others … Petitioners Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Deepak Garg, Advocate for Mr. Bipan Ghai, Senior Advocate for the petitioners. Ms. Sudeepti Sharma, DAG Punjab for respondent No.1. Mr. G.S. Gill, Advocate for respondents No.2 and 3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed by Harpreet Kaur wife of Baljinder Singh; her father Prithipal Singh and mother Manjit Kaur. They have prayed that FIR No.4 dated 21.04.2004 registered at Police Station Khuikhera, District Ferozepur under Sections 494, 495, 420 and 406 IPC be quashed along with all subsequent proceedings. The grievance set out in the FIR is that Harpreet Kaur, before solemnizing marriage with Baljinder Singh, was already married with one Balbir Singh and this fact was not disclosed, therefore, Harpreet Kaur had committed an offence of bigamy and used her marriage as a pretext to go abroad with Baljinder Singh, who was a permanent resident of Canada. Curiously enough, for lodging this FIR, Baljinder Singh himself has not come forward. The FIR has been lodged by his brother Kuldip Singh son of Pritam Singh. Under Section 198 Cr.P.C., for Criminal Misc. No. 51538-M of 2004 prosecution of any offence relating to a marriage, complaint can only be filed by the aggrieved person. In the present case, complainant Kuldip Singh cannot prosecute the petitioners on behalf of his brother. The fact that the earlier marriage was not disclosed, in itself, constitutes an offence of bigamy and offence of cheating will not arise. For prosecution of offence of bigamy, the only remedy available with the aggrieved husband was to institute a complaint, as the offences punishable under Sections 494 and 495 IPC are non-cognizable. From a bare perusal of the FIR, no offence punishable under Section 420 and 406 is discernible. Hence, the present petition is accepted and the impugned FIR along with all subsequent proceedings is quashed, with liberty to the husband of petitioner No.1 to pursue his lawful remedy for prosecuting the petitioners of offences punishable under Section 494 and 495 IPC in accordance with the provisions of law. [KANWALJIT SINGH AHLUWALIA] JUDGE September 27, 2010 rps 2