CHARANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition under Sec. 482 of Code of Criminal Procedure [Cr.P.C.] is for quashing of FIR No. 229 dated 5.12.2013 (Annexure P/6) registered under Sections 420, 406 and 120-B Penal Code at Police Station Sultanpur Lodhi, District Kapurthala and report [Annexure P/7] under Sec. 173 Crimial P.C. and subsequent proceedings arising therefrom.

(2.) Facts relevant for the decision of the present petition; that in April, 2009, Daljit Kaur, petitioner No.2 had gone to Australia on Study Visa. The marriage of petitioner No. 2 was performed with Hardeep Singh, respondent No.3 on 31.10.1999 and for that purpose, petitioner No.2 came to India in Sept., 2009. After performance of marriage, petitioner no. 2 had gone to Australia on 29.12009. Efforts were made to obtain visa of Hardeep Singh, respondent no. 3 as well, but Austraian Government refused visa to him on 29.3.2010 (Annexure P/1). Petitioner No. 2 again applied for visa of respondent No. 3, but same was refused again by Australian Government on 15.04.2011 (Annexure P/3). In Dec., 2011, petitioner No. 2 again came to India for her brother's wedding and had gone back to Australia on 9.1.201 As respondent No. 3 could not get the visa, petitioner No. 2 got a decree of divorce in Australia and respondent No. 2 got registered the present FIR on 5.12013 against the petitioners, i.e., after four years of the marriage.

(3.) Learned counsel for the petitioners contended that respondent No. 2 has got registered the present FIR on totally incorrect facts and because of his political connections whereas, there was no occasion for the present petitioners to commit the alleged offences punishable under Sections 420, 406 and 120-B Penal Code and as such, the present FIR be quashed because the continuation of any proceedings on the basis of such false and frivolous FIR shall be miscarriage of justice. In support of his arguments, reliance has been placed on the decision of Hon'ble Supreme Court in Madhavrao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre and others, 1988 (1) RCR (Crl.) 565.