MANDEEP SINGH THIND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant application has been filed for placing on record the Additional Affidavit and Annexures P-4 to P-11. For the reasons mentioned in the application, same is allowed. Additional Affidavit and Annexures P-4 to P-11 are taken on record. MAIN CASE The prayer in the present petition filed under Sec. 482 of Code of Criminal Procedure is for quashing of FIR No.212 dtd. 26/9/2017 registered under Sec. 24 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act') at Police Station Phase- I, Mohali.

(2.) The present FIR was lodged on the complaint made by Legal Services Authority, on the allegations that the mother of the petitioner has been forced to become a destitute and her children are not looking after her and she has been living in a Gurdwara Sahib and thereafter shifted to Prabh asra (old age home).

(3.) Learned counsel for the petitioner inter alia contends that perusal of the FIR (supra) clearly indicates that the elder brother of the petitioner is residing in Mohali along with his family and petitioner is alleged to have been residing in Canada. No specific instance or manner has been indicated in the FIR (supra) to make out a case under Sec. 24 of the Act. Learned counsel for the petitioner further contends that his mother herself had chosen to stay at the old age home as she was more comfortable in the company of her age- mates. The petitioner, being a Canadian citizen, has no inclination that his mother requires any assistance either financially or emotionally. The perusal of the FIR further reveals that the mother of the petitioner during her lifetime has not made any objection or complaint against the petitioner or his elder brother and the FIR was lodged only on the basis of a news item.