NIRMALA JYOTI AND ANOTHER Vs. GURDEEP SINGH

JUDGEMENT

(1.) A criminal complaint titled 'Gurdeep Singh v. Sachin and others' was filed under Sections 406/420/34 IPC read with Section 24 of the Immigration Act pertaining to Police Station Sultanpur Lodhi before the learned Sub Divisional Judicial Magistrate, Sultanpur Lodhi. In the complaint the allegations in precise are that on 05.10.2007 accused Sachin and his mother Nirmala Jyoti who were known to the complainant came to his residence in village Dadwindi on black Scorpio bearing registration No.PB10-BJ-9370 and in the presence of one Inderjit Singh and Massa Singh, they took '5.15 lacs along with passport of the complainant's son assuring him that they will enable his son to migrate to a foreign country. It is claimed that after 15/20 days Sachin made a phone call to the complainant intimating that visa has been processed and intimated that his son Amandeep Singh was to fly on 30.10.2007. It is alleged that again on 25.10.2007 accused Sachin and his sister Reena @ Monna came to the residence of the complainant where he paid '4.40 lacs in the presence of witnesses and thereafter, neither his son was sent abroad nor money was returned and though he has moved the police but no action was taken and which led to filing of the complaint.

(2.) The petitioners Nirmala Jyoti and Reena @ Monna, mother and sister respectively of the accused Sachin have invoked the jurisdiction of this Court under Section 482 Cr.P.C. seeking quashing of the criminal complaint as well as the order whereby they have been summoned dated 16.07.2014 (Annexure P12) under Sections 406/420/34 IPC read with Section 24 of the Immigration Act.

(3.) Heard Mr. D.S. Gurna, Advocate representing the petitioners and Mr. A.S. Khinda, Advocate for the respondent.