The brief facts of the case are that marriage between Balbir Kaur-complainant and Harjinder Singh took place on 14.12.1997. No child was borne out of the wedlock. As per the complainant-Balbir Kaur, Harjinder Singh continued to reside with her till four days prior to his second marriage. The second marriage between Harjinder Singh and the petitioner Jarnail Kaur took place on 25.04.2004 but prior thereto Harjinder Singh filed a petition for divorce on 16.08.2002. An ex parte decree of divorce was granted to him on 23.12.2002 against Balbir Kaur. An advertisement was inserted by the parents of the petitioner-Jarnail Kaur for a matrimonial alliance for her on 07.04.2004 to which Harjinder Singh responded. He showed the ex parte decree of divorce to the petitioner-Jarnail Kaur and her family members and on the basis of the said ex parte decree of divorce and believing the same, marriage between the petitioner-Jarnail Kaur and Harjinder Singh was fixed for 25.04.2004 and was performed on that day. Application for setting aside the ex parte decree dated 23.12.2002 was filed by Balbir Kaur complainant/respondent No.2 on 07.06.2004 and the ex parte decree of divorce was, as a matter of fact, set aside on 23.12.2005. Thereafter, the trial took place and the divorce petition was dismissed by the Court on 08.11.2007. Against the said dismissal order of the divorce petition, Harjinder Singh filed an appeal in this Court, which was admitted on 27.05.2008, which is pending consideration. The present complaint has been filed by the complainant-Balbir Kaur on 13.06.2008 in which Harjinder Singh stands summoned. The petitioner has also been summoned under Sections 494/109 IPC vide order dated 26.05.2009. Thus, at this stage, the present petition has been filed for quashing of the criminal complaint as well as the summoning order.
