T.P.S.MANN, J. - (1.)ON 17.4.2002, on the basis of an application submitted by respondent No. 2, namely, Balwinder Kaur, FIR No. 165 was registered at Police Station, Lalru, District Patiala, against the petitioners under Sections 406, 498-A, 494, 120-B IPC. It was alleged, therein, that the marriage of Balwinder Kaur was solemnized with Bir Bahadur Singh, petitioner in the year 1988. Her father had spent Rs. 3 lacs on her marriage. From this marriage, a son and a daughter were born to the couple. It was alleged that Bir Bahadur Singh, husband, Kesar Singh, father-in-law, Chint Kaur, sister-in-law and Paras Ram, sister-in-law's husband of Balwinder Kaur, started harassing her and beating her by saying that her parents had spent very nominal amount at the marriage and they asked her to fetch a Maruti car from her parents. She, however, did not narrate all these facts to her parents as she thought that it would disturb them. About 4/5 years earlier, the accused kept children with them and sent Balwinder Kaur alone to her parental village. A Panchayat was convened to resolve the matter but it was all in vain. In the meantime, on 26.3.1999, Bir Bahadur Singh filed a divorce petition which was later on decreed ex parte. On learning about the same, an application was filed by Balwinder Kaur for setting aside the same. Notice of the application was served upon Bir Bahadur Singh and the same was, thereafter, fixed for evidence on 1.6.2002. During this period, accused Bir Bahadur Singh contracted second marriage on 17.4.2000 with Charanjit Kaur. Under these circumstances, Balwinder Kaur, respondent No. 2 sought registration of a case against her husband and three others for treating her with cruelty, mis-appropriating the dowry articles and for contracting second marriage without getting divorce from the first wife.
(2.)AFTER the registration of the case, investigation was taken up by the police and the challan was finally submitted in the Court against the petitioners. However, Charanjit Kaur, was found innocent and she was placed in column No. 2 of the challan.
Learned counsel for the petitioners has sought the quashing of the FIR on the ground that no specific instance of maltreatment or cruelty was mentioned by the complainant when she submitted an application to the police on the basis of which, the present FIR was registered. The offences under Sections 406 and 498-A IPC were punishable with a maximum imprisonment for three years and as per the provision of Section 468 Cr.P.C., cognizance of the said offence could only be taken within a period of three years. Perusal of the FIR clearly shows that the allegations in respect of the offences under Sections 406 and 498-A IPC related to a period of more than 4/5 years before the FIR itself was registered. In respect of the offence under Section 494 IPC, learned counsel, for the petitioners has submitted that before Bir Bahadur Singh, petitioner contracted second marriage with Charanjit Kaur, his earlier marriage with Balwinder Kaur, respondent No. 2 stood dissolved by decree of divorce dated 4.12.1999. Mere fact that it was an ex parte decree of divorce was no ground to make Bir Babadur Singh, petitioner, liable for the offence under Section 494 IPC. In this respect, learned counsel for the petitioners has relied upon Krishna Gopal Divedi v. Prabha Divedi, 2003(2) RCR(Crl.) 712 (SC) : 2002(2) Criminal Court Cases 362 (SC).

(3.)LEARNED counsel for respondent No. 2 has submitted that the allegations made by respondent No. 2 have been investigated and, thereafter, the challan has been presented in the court. As such, no case was made out for quashing of the FIR in question.