- (1.) This petition is for quashing of Criminal complaint No. 2/1 dated 4.1.2010 under Sections 406, 498-A, 506 IPC (Annexure P7) as well as summoning order dated 23.12.2009 (Annexure P-8) on the basis of compromise (Annexure P-9).
(2.) Petitioner No.1-Joginder Pal Singh Virk, Sukhpreet Kaur and Simratpal Singh Virk are NRIs settled in U.S.A. They came to India in 2008 and the marriage was solemnized on 10.2.2008. Sukhpreet Kaur left for U.S.A. on 13.2.2008. Simratpal Singh go back to U.S.A. on 28.3.2008 after getting visa. Sukhpreet Kaur pursued her Post Doctoral studies in Gainesville. Parents of Sukhpreet Kaur joined her in USA in June, 2008 and thereafter differences started between husband and wife due to temperamental differences. Her parents stayed in America till 26.11.2008. Thereafter, respondent No.2 made a complaint and FIR was registered against the petitioner as well as Joginder Pal Singh Virk and Anureet Kaur for offences under Sections 406, 498-A IPC (Annexure P1). The inquiry was marked to Superintendent of Police (HQ) Harish Kumar vide order dated 19.11.2009 and during investigation it is found that the cause of friction was that Sukhpreet Kaur and her family members wanted the petitioners to shift to Gainesville but as there was no employment it led to friction between husband and wife. As per the inquiry report, it was recommended that Joginder Pal Singh Virk be got discharged vide report dated 18.11.2009 (Annexure P2). In the meantime, Sukhpreet Kaur came to India and filed a petition for divorce under Section 13(1) (a) of the Hindu Marriage Act on 24.10.2009. Thereafter, this petition was withdrawn on the statement of Sherry Sandhu, Advocate for Sukhpreet Kaur on 19.2.2010. Copy of the statement as well as the order are enclosed herewith as Annexures P5 and P6. The present complaint was filed by the complainant-respondent No.2 in the Court of Illaqa Magistrate on 4.1.2010 against the petitioners as well as Simratpal Singh, husband of Sukhpreet Kaur.
(3.) The petitioners have been summoned to face the trial in the present complaint dated 23.12.2009. The police after completing investigation in the FIR No. 156 dated 4.8.2009 under Sections 406, 498-A registered at Police Station Model Town, Ludhiana, prepared a report under Section 173 Cr.P.C. against Simratpal Singh while Joginder Pal Singh Virk (petitioner No.1) has been kept in column No.2. After investigation, challan has been filed against Simrat Pal Singh Virk and he has been summoned to face the trial.;