ASHISH JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner herein, seeks quashing of FIR No. 236 dated 27.3.2015 registered under Sections 323, 498-A, 406, 506, 34 IPC, Police Station Model Town, Panipat District Panipat, Haryana (Annexure P-1) and all the consequent proceedings arising out of the same.

(2.) In brief, the facts are that the marriage of the petitioner was solemnized with Vashudha Jain, daughter of the complainant on 27.6.2012 at Delhi. Thereafter, the couple left India for USA after 10 days of marriage on 7.7.2012. While living in USA, matrimonial disputes arose between the petitioner and Vasudha Jain and on one of the occasions, i.e. on 8.11.2014 the matter was reported to the local police. Both the parties were counselled vide Annexure P/2 and since then they are living separately. Thereafter on12.1.2015, the daughter of the complainant filed a divorce petition before the Superior Court of Washington, County of King. Notice of divorce proceedings were received by the petitioner on 21.1.2015 and ultimately on 30.12.2015, the divorce was granted to the petitioner and Vasudha Jain. It is submitted that after filing of the divorce petition, the father of the complainant got lodged the present FIR against the petitioner and his parents, which is nothing but sheer misuse of process of law. The allegations as levelled are totally false and frivolous. It is pleaded that Panipat police had no jurisdiction to register the complaint as the marriage was solemnized at Delhi and the couple left for the U.S.A. soon after their marriage.

(3.) None has put in appearance on behalf of respondent No.2 complainant.