Criminal Misc. No. M-1478 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Criminal Misc. No. M-1478 of 2010 Date of decision:-05.5.2011 Surinder Singh ...Petitioner Versus State of Punjab and another ...Respondents 2. Criminal Misc. No. M-1486 of 2010 Sinder Kaur alias Surinder Kaur ...Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the petitioner(s). Mr. Raghbir Chaudhary, Sr. DAG Punjab for respondent No.1-State. None for respondent No.2. RITU BAHRI J.(Oral) This order shall dispose of both the abovesaid petitions as the same have arisen from the same FIR. The petitions have been filed under Section 482 Cr.P.C. for quashing the FIR No. 127 dated 30.9.2009 under Sections 498-A,494 and 495 IPC, registered at Police Station Amloh, District Fatehgarh Sahib ( in both the petitions). Criminal Misc. No. M-1478 of 2010 -2- For the sake of convenience, the facts are being taken up from Criminal Misc. No. M-1478 of 2010. The marriage of Malkiat Singh Fauji with the complainant Swaranjit Kaur was solemnized on 07.10.2000 according to Sikh Rites. Respondent No.2 started living with her parents at village Dharamgarh (Tarnanmajra) Tehsil Amloh, District Fatehgarh Sahib. It is alleged in the petition that father of petitioner Pritam Singh disowned her three sons Malkiat Singh Fauji, Ram Asra and Amarjit Singh. Pritam Singh expired in 2005. At that time Malkiat Singh Fauji alongwith the complainant had visited the village and thereafter they left for Dharamgarh. The present FIR was registered in which the allegation is that after the marriage, the complainant was harassed by her in-laws. A son was born from their wedlock and again due to torture and harassment, the complainant went to her parents' house in Dharamgarh. On notice, reply has been filed by the Deputy Superintendent of Police, Circle Amloh, District Fatehgarh Sahib, in which it has been stated that on investigation on report (Annexure R-1) it was found that the complainant was turned out of her matrimonial house alongwith her new born son by illtreatment on account of bringing less dowry. During the investigation it was found that the husband of the complainant Malkiat Singh Fauji had solemnized second marriage on 27.2.2009 with Balwinder Kaur alias Binder daughter of Sant Singh resident of Budhewal. Tej Kaur, mother-in-law, Daljit Kaur and Sinder Kaur daughters of Pritam Singh and Surinder Singh son of Mewa Singh residents of Village Mohanpur, Tehsil Khanna, District Ludhiana also hands in glove in getting solemnized second marriage of Malkit Singh. Therefore, recommendation has been made vide this report dated 15.8.2009 to register a case against Malkit Singh son of late Pritam Singh, Tej Kaur, mother-in-law, Daljit Kaur and Sinder Kaur daughters of Pritam Singh and Surinder Singh son of Mewa Singh. Criminal Misc. No. M-1478 of 2010 -3- Counsel for the State on instructions from ASI Harnek Singh informed the Court that on 09.6.2010 the challan was presented and thereafter charges were framed on 25.1.2011 and three witnesses of the prosecution have since been examined. The main accused Malkit Singh has been declared proclaimed offender. At this stage, the criminal miscellaneous petition is disposed of by giving liberty to the petitioners to take all these pleas before the trial Court. May 05, 2011 ( RITU BAHRI ) Vijay Asija JUDGE