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2009 Supreme(P&H) 1934

AUGUSTINE GEORGE MASIH
Seema Rani – Appellant
Versus
Gurpreet Kaur – Respondent


Judgment

Augustine George Masih, J.

1. The present petition is for quashing of the complaint dated 18.3.2008 (Annexure P-l) and for quashing/setting aside the summoning order dated 26.9.2008 passed by the learned Sub-Divisional Judicial Magistrate, Dera Bassi (Annexure P-2) vide which the petitioner has been summoned to face trial under Sections 406,498-A and 494 IPC and all consequential proceedings arising therefrom on the ground that the basic ingredients of the provisions for which the petitioner has been summoned to face trial by the trial Court, do not find mention in the complaint against her.

2. Counsel for the petitioner contends that there arc no allegations against the petitioner in the complaint or in the statement made by the complainant before the trial Court which would constitute any of the offences under Sections 406 and 498-A IPC as everywhere it is mentioned that the said acts were committed by accused Nos. 1 to 3 in the complaint. The petitioner is accused No. 4 in the complaint. His further contention is that the allegation, if any, against the petitioner is that the petitioner and accused No. 1, namely, Gurpreet Singh, had contracted a second marriage and, ther








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