- (1.) Petitioners have preferred this petition under Section 482 of the Code Criminal Procedure, 1973 seeking quashing of the FIR No. 193 dated 6.9.2005 registered under Sections 406, 498-A of the Indian Penal Code ('IPC' for short) at Police Station Civil Lines, District Amritsar(annexure P1) alongwith all consequential proceedings arising therefrom.
(2.) Contents of the FIR (Annexure P1) read as under:- "Subject Request to take action for demanding dowry and fraud. Dear Sir/Madam. Let me introduce myself to you as Vandana Sharma. I got married on 11 th Dec. 2003 to Mr. Amit Sharma son of Late Avinash Chander Sharma of Batala and Smt. Sheela Sharma of Rayya. My husband is on H.1B visa in the US while my mother in law and two sisters in law are Green Card Holders. After few days of our marriage, my husband went to US and the tale of my misfortune started while I stayed with my mother in law Sheela Sharma and my sister in law Naveen Sharma who is separated from her husband and is dependent on her mother. During this time they tortured and harassed me for not bringing adequate dowry and for refusing to buy my ticket for USA. After great deliberation and family pressure, I was sent to the US ahead of my mother in law on 24 February, 2004. There rest of the family kept the pressure and they started longing on how to get rid of me. In April 2004 my mother in law came to US and started torturing me more severely and threatening me because this time I had conceived. She took all my jewellery, passport and other documents such as Degrees, Certificates etc. She made me do chases that threatened my baby's life and mine and forced me to come to India for my delivery on 30 th May,2004. They, however, kept most of my jewellery, documents and other valuable items and told me that my husband will come here in December to take me. However, he did not come to India. My mother in law came here and told us she will take me with her after disposing of some of her property. My mother in law, Smt. Sheela Sharma and Ms. Naveen Sharma came to meet my daughter on 3 rd Jan.2005 and took my passport and my daughter's Birth Certificate (DOB) 19 th Nov.2004) on the pretext of making her Passport and taking my Visa date. My passport No. is A6085495 Vandana. Now for the past two months she has broken any contact with me and gone back to US without telling me or returning my passport and Visa papers. My sister in law Naveen has also changed her phone No. and her address and broken all contacts with us. I suspect that she might even try to use my documents for going abroad. On the other hand my in laws have changed their US address also and I suspect them to have an ulterior motive behind this. My daughter and me have become victims of a fraud that has drained us in every way. Thus, I Vandana Sharma would like to press charges of aiding and abetting fraud of demanding dowry and forced possession of my passport, jewellery and other valuable possessions against the following people 1.Smt. Sheela Sharma, mother in law (Green Card Holder), M.Amit K.Sharma, Husband (H1B Visa holder, Ms. Naveen Sharma sister in law, (Green Card Holder), Ms. Sikha Sharma, Sister inlaw, (Green Card holder), their addresses and phone Nos. are as follow in India C/o Sh.Sadhu Ram Kalia (Nanaji) Bath Hospital, Rayya. Phone No. 01853-222004, Ms. Naveen Sharma address 127, Chandigarh unknown Pho.Nos. 9872107086, 98762 40033 US Address etc. 49, Sunrise Blvd.Apt.No.79, Citrus Heights CA 95610 USA, New 6405, Cedar Ranch Drive, Citrus Hieghts CA 95621, USA Phone No. 91672189888, Res.:00191634249, US Cell: 00191672150061 (Store). I request you to kindly take a strict and prompt action against my in-laws for playing with our lives."
(3.) Learned counsel for the petitioners has submitted that respondent No.3 was married to petitioner No.1 on 11.12.2003 at Amritsar. Thereafter, petitioner No.1, who was a green card holder left for America. Respondent No.3 also reached America on 24.2.2004. Thereafter, petitioner No.1 and respondent No.3 lived together as husband and wife in America. They were blessed with a child on 30.5.2004. Petitioners No. 2 and 3 were also residing in America and all the petitioners had not visited India after the marriage of respondent No.3 was performed with petitioner No.1. Presently, respondent No.3 was also residing in America. A decree of divorce has been granted in favour of respondent No.3 in a petition filed by her seeking dissolution of her marriage with petitioner No.1. The custody of child has been granted to respondent No.3 by the County of Los Angeles.;