Judgment:
S.S. Grewal, J.
1. This petition under Section 482 of the Code of Criminal Procedure, 1973, relates to quashment of complaint dated 11-11-1987, filed by Smt. Satya (respondent in the present petition), pending in the Court of Judicial Magistrate Ist Class, Phagwara, (Annexure P-1) and consequent proceedings taken thereunder including the summoning order dated 13-1-1988 (Annexure P-2).
2. In brief, facts relevant for the disposal of this case, as emerge from the complaint, are that the complainant Smt. Satya was married with Kewal Chand accused on 18-10-1973 according to Hindu religious rites and after the marriage they lived together as husband and wife. Out of the said wed-lock three sons namely; Bimal Kumar, Kuldeep Kumar and Pawan Kumar were born. Kewal Chand accused No. 1 is husband of the complainant and accused Nos. 2 to 9 are the relations of Kewal Chand. They all in connivance with accused Nos. 11 to 19, who are relations of Paramjit Kaur accused No. 10, illegally performed the second marriage of Kewal Chand accused-petitioner with Paramjit Kaur, on 12-7-1987.
3. The learned counsel for the parties were heard.
4. On behalf of the accused-petitioners, it was mainly contended that first marriage of Kewal Chand accused with Smt. Satya complainant was dissolved by a decree of divorce, granted by the Additional District Judge, Jalandhar, on 29-3-1986, copy whereof is Annexure P-3. Perusal of the said decree reveals that it was an ex parte decree obtained by Smt. Satya complainant herself.
5. On the other hand, the learned counsel for the complainant-Respondent stated at the bar that his client never applied for grant of decree of divorce, and, that the proceedings for setting aside the exparte decree which was obtained by fraud and misrepresentation by putting up some person other than Smt. Satya, are still pending. In this situation it is quite obvious that the decree of divorce referred to above is not a final decree. Thus, the proceedings filed by Smt. Satya in the trial Court on the basis of the complaint, in the present case, cannot be quashed on that ground. It would be open for the trial Court to take into consideration the final decision with regard to the decree of divorce between the complainant and Kewal Chand accused before deciding the complaint on merits. Thus, it is not a fit case to quash the proceedings pending on the basis of complaint filed by Smt. Satya in the trial Court, at this stage. This petition is accordingly dismissed. Copy of this order be sent to the trial Court to dispose of this case expeditiously. Record summoned in this case be sent back to the Court of Additional District Judge, forthwith. Both the parties through their counsel are directed to appear in the trial Court on 17-7-1990.