- (1.) Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.99 dated 25.4.2004 under Sections 420, 498-A, 406, 506 of the Indian Penal Code, 1860 (IPC for short) registered at Police Station Civil Lines, Amritsar and all the subsequent proceedings arising therefrom.
(2.) Case of the complainant, in brief, is that he was permanent resident of California (United State of America). Through a matrimonial advertisement, the complainant agreed to marry his daughter-respondent No.5 with the petitioner. Shagun ceremony in this regard was performed on 26.3.2000 at Amritsar. The complainant had given sufficient dowry articles at the time of said ceremony. Thereafter, a grand lunch was arranged at Hotel Royal Castle at Amritsar on the said day. Complainant had spent about Rs. 72,000/- at the said function. Complainant had given jewellery worth Rs. 7,60,000/- to all the accused and their relatives. Thereafter, all the accused raised demand of dowry. Petitioner had raised the demand of car along with other imported items of jewellery. Respondent No.5, however, told the accused that it was not possible for her parents to fulfill all the demands of the accused but as soon as she would reach America and start working, she would meet all the demands raised by the accused. Thereafter, when petitioner reached California along with his parents, complainant fulfilled all their demands. Respondent No.5 stayed with the petitioner and his family members at her house in California. Petitioner and his parents maltreated respondent No.5 on account of insufficiency of dowry. Respondent No.5 was physically and mentally tortured. Petitioner refused to do any job in America. Respondent No.5 was the only earning hand in the family. Petitioner took advantage of the said fact and caused financial loss to respondent No.5. Petitioner started access to obscene website and started chatting with other girls. On 18.8.2003, petitioner left the house of respondent No.5 and took away with him all the important documents, jewellery and cash belonging to respondent No.5. The immigration authority was informed qua the behaviour of the petitioner. Petitioner was denied the status of lawful resident of America. Complainant, on reaching Amritsar, had informed the police in this regard. Presently, the accused were residing at Amritsar and Jalandhar.
(3.) Learned senior counsel for the petitioner has submitted that in the present case, engagement/ ring ceremony of the petitioner with respondent no.5 had taken place at Amritsar on 26.3.2000. Thereafter, respondents No.4 and 5 left for America. Petitioner also reached America and his marriage was performed with respondent No.5 in America on 14.4.2001. A male child was born to the petitioner and respondent No.5 out of their wedlock on 13.5.2003. Some matrimonial dispute arose between the petitioner and respondent No.5. Due to this reason, a complaint was filed. Marriage of petitioner and respondent No.5 was annulled by the Court at U.S.A. Respondent No.4, father of respondent No.5, came to India in November 2003 and lodged a complaint against the petitioner and his parents. The said complaint was found to be false by the police after inquiry and proceedings under Section 182 IPC were recommended to be initiated against respondent No.4. Thereafter, petitioner also joined the police proceedings and his statement was recorded by the Investigating Officer on 4.4.2004. Thereafter, petitioner returned back to America and was later declared a proclaimed offender vide order dated 14.9.2004. Petitioner was a green card holder. In the present case, no cause of action had arisen in India. Rather the petitioner and respondent No.5 had got married in America and had lived there as husband and wife. Respondent No.5 had never visited India. Learned senior counsel has further stated that a domestic violence case was initiated by the petitioner on 10.7.2001. In the said incident, respondent No.5 had attacked the petitioner and he had suffered several scratch marks on his neck.;