NIDHI KAKKAR Vs. SWARAN KAKKAR

JUDGEMENT

(1.) THE petitioner in this petition under Section 482 Cr.P.C. seeks quashing of the complaint bearing No. 37/1/07 filed by the respondent wherein the trial court vide order dated 2.7.2009 (Annexure P -16) has ordered her summoning to face trial for offence punishable under Sections 420/467/468 IPC and Section 12 Passport Act.

(2.) THE case of complainant/respondent in brief is that the petitioner got married with her son on 23.4.2000. However, both developed strained relations resulting into litigations and filing of divorce petition. The allegations against the petitioner in this complaint is that she had misrepresented Canadian Embassy by making false and forged entries in her pass book to get Canadian citizenship. As per the respondent, petitioner had gone to Canada after marriage on two occasions i.e. 24.5.2001 and 29.4.2003. The respondent came to know about acquiring Canadian citizenship by the petitioner on 6.8.2002. Thereafter the petitioner abandoned her Indian passport bearing No. P -552387. As per allegations in the complaint (Annexure P -5), the pre -requisite for grant of Canadian citizenship is compulsory stay of over three years in Canada after grant of immigration. The petitioner was granted immigration in the year 1996 but thereafter she continuously remained in India for a period of about four years and visited Canada for the first time on 24.5.2001. In order to show her stay in Canada for a period of more than three years, the petitioner forged endorsement of her departure from India and stay in Canada in her passport she was holding on 24.5.2001. These endorsements were made with the help of rubber stamp which she had got prepared in clandestine manner. This fact was in specific knowledge of husband of the petitioner. The passport having forged entry issued by Government of India is in possession of the petitioner. The petitioner also concealed her marital status while making application for grant of citizenship. The respondent has levelled the allegations that the petitioner with her parents is engaged in the racket of forging entries in the passport and other documents and this has spoiled the life of large number of persons desirous of settling abroad. The matter was reported to the police time and again but no action was taken compelling the respondent to file the complaint in Court.

(3.) ADMITTEDLY , the petitioner got married with son of respondent on 23.4.2000 and is now living separate since 29.4.2003. The husband of the petitioner filed a divorce petition (Annexure P/3) dated 16.5.2003. Reply filed in that divorce petition is Annexure P/4. The petitioner got recorded the FIR No. 215 dated 17.8.2005 for offence punishable under Sections 406/498 -A IPC against her husband, respondent and other relatives of her husband, in which they have been charge sheeted vide order dated 1.2.2008 (Annexure P/2). An FIR No. 59 dated 16.4.2010 was got registered against the petitioner by Gulshan Raj Kakkar for offence under Sections 323/452/34 IPC in which petitioner is facing trial.