JUDGMENT :

SHALINI SINGH NAGPAL, JUDGE

Prayer in the petition under Section 482 Cr.P.C. is for quashing of Complaint No. 246 dated 29.08.2014/17.04.2015 titled Paramjit Kaur Vs. Harjinder Singh and others, pending in the Court of learned Judicial Magistrate Ist Class, Ferozepur, summoning order dated 01.06.2015 passed by learned Judicial Magistrate Ist Class, Ferozepur and order dated 30.11.2016 of learned Additional Sessions Judge, Ferozepur in the revision petition challenging the summoning order.

Complaint under Sections 406, 498-A, 420, 494, 109, 323, 148, 149 IPC was filed by respondent No. 2 in the Court of learned Judicial Magistrate Ist Class, Ferozepur, alleging that her marriage with accused No.1 Harjinder Singh was solemnised on 15.02.2013 according to Sikh ritesand ceremonies at Gurudwara Baba Ram Singh Sarhali Sahib. After marriage they lived together as husband and wife and out of the wedlock, a male child namely Hargun Preet Singh was born. Amount of Rs. 5 lacs was spent by her parents in the marriage and sufficient dowry articles were given to accused No. 1 to 3. Her parents separately entrusted jewellery articles and clothes to accused Nos. 1, 2 and 3 besides furniture articles, details of which have been given in para No.3 of the complaint. Accused received the dowry articles as ‘Istri Dhan’ of the complainant at the time of ‘Doli’ promising to hand over the same to the complainant when she reached the in-laws house but they did not hand over the Istri Dhan which was still in possession of the accused who were misusing the same.

Complainant further alleged that at the time of Doli, accused Nos 1 to 3 demanded Car from her parents, who expressed their inability but in compelling circumstances, they gave cash of Rs. 3 lacs to accused Nos. 1 to 3. She further alleged that accused were not satisfied with the dowry given. Accused Nos. 2 and 3 instigated accused No.1 against her and her parental family. Accused No.1 belonged to a political party and had association with political leaders and higher police authorities. Accused Nos. 1 and 3 persisted in their demand of car and when she expressed inability, she was severely beaten. During this period, complainant learnt that accused No.1 had illicit relations with one Sarabjit Kaur daughter of Balkar Singh, who was his second wife. Behaviour and attitude of accused was cruel and rude towards the complainant who was turned out of the matrimonial home 2-4 times. Though, she was sent back by her parents with the intervention of Panchayat and relatives, yet behaviour of the accused did not change, they raised demand of Rs.1,50,000/- from her and her parents and threatened to kill her in case the demand was not met. They also extended threat of remarriage of accused No.1 with another lady. Six months ago, accused Nos. 1 to 3 turned her and her minor son out of the matrimonial home, giving her severe beatings, retaining all dowry articles which were still in their possession. Accused No.1 gave slap blows on her face, accused No.2 gave kick blows on her back and accused No.3 dragged her by her hair. Thereafter, complainant returned to her parental home and since then she was living with her minor son in the house of her parents. Her family tried to patch up the matter with the accused by convening Panchayat and requested accused No.1 to take her back but he bluntly refused and also refused to maintain them. Panchayat requested accused Nos. 1 to 3 to return the dowry articles which they also refused to do and threatened the Panchayat with dire consequences. She further alleged that accused No.1 had performed second marriage with accused No.4 and they were now residing in the house of accused No.2 and 3 as husband and wife. The second marriage was solemnised by accused No.1 and 4 at the instance of accused Nos. 2, 3 and 5 in connivance with each other. Complainant filed application under Section 125 Cr.P.C. against accused No.1 for maintenance which was pending. Police was approac