MOHINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-7-496
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 18,2012

Mohinder Singh and Another Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) Petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.91 dated 24.11.2010 under Section 406/ 498-A/ 120-B of the Indian Penal Code, 1860 (IPC for short) registered at Police Station Sadar, District S.B.S.Nagar (Nawanshahr and all the subsequent proceedings arising therefrom.
(2.) The case of the complainant, as per the FIR, in brief, was that she was married to Amarjit Singh on 16.2.2006. After marriage, she stayed in her in-laws house for about 1 month. Thereafter, she left for America on 29.3.2006 without realising greed of her husband and his family members. Thereafter, her husband immigrated to America in June, 2006 and they lived together for one year in the house of her father. The relations between complainant and her husband started deteriorating. She was given beatings by her husband. Amarjit Singh started demanding money from her and when she raised objection, she was given severe beatings. Amarjit Singh told her that he would keep her only if she brought Rs. 8,00,000/- from her parents. On 12.10.2009, Amarjit Singh got citizenship of America and from then onwards he was threatened her that he would not keep her in the matrimonial home. Her husband also raised a demand of 40,000 dollars from her parents. When she showed her inability to give the said amount, her husband and his family members insisted that she would be divorced and her husband would get re-married. On 14.9.2010 when she came to India to attend a function, her mother-in-law took 8,000 dollars and jewellary from her on the pretext that the same had to be kept in safe custody due to threat of thefts. Her mother-in-law and father-in-law instigating her to file a case seeking her share in the property of her father or she was asked to arrange for 40,000 dollars. She also received threatening calls from her husband that she should agree to the demand of his parents. She was thrown out of the house by her father-in-law after abusing her. A lot of dowry had been given to the parents of her husband at the time of marriage.
(3.) Learned counsel for the petitioners has submitted that the complainant had come from America for marriage purposes. After 1 month, complainant had returned back to America. The son of the petitioners i.e. husband of the complainant had also gone to America. Both the complainant as well as Amarjit Singh are residing in America. They have settled their disputes in the Court and have got a decree of divorce. The present proceedings against the petitioners, who are the parents of Amarjit Singh, are nothing but an abuse of process of law.;


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