SANJOY MENON RAJAN Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This is a petition filed by one Sanjoy Menon Rajan, a British citizen of Indian origin under S. 4S2 of the Code of Criminal Procedure for quashing the First Information Report (FIR) bearing No. 52 (3)05 registered at Sadar Police Station, Gangtok Sikkim under S. 498-A of the Indian Penal Code and all related criminal proceedings arising therefrom.

(2.) The facts leading to the filing of the present petition, briefly stated, are as follows : The petitioner after having completed his studies joined British Petroleum, a multinational concern, in the year 1993 and since the year 2004 he has been posted at Hong Kong as a Compliance Advisor. British Petroleum, Asia During the course of his professional trip to Calcutta in Ihe year 2003. he met Ms. Peggyla Wangui Bhuua alias Sonam (respondent No. 5). After few meetings, they became friends and their friendship ultimately culminated into a marriage. The marriage was solemnized at Gaiglok on 18th October, 2004 as per the Buddhist custom. The marriage was duly registered in the Office of Marriage Officer at Gangtok. After their marriage the petitioner and re spondent No. 5 left lor Kerala on a honeymoon trip on 20th October, 2004. En route, they spent one night in Chennai and reached Kerala where they spent lour nights before they returned back to Calcutta on 25th October, 2004. On 26th October, 2004, i.e., the next day of their arrival, the petitioner left for Hong Kong in connection with his professional work while respondent No. 5 stayed back. The respondent No. 5 thereafter made necessary applications to the concerned authorities for her visa for travelling to Hong Kong to join the petitioner. From the application so made by the respondent No. 5, it then transpired for the first time that she was previously married to one Karma Hishey sometime in the year 1997 and her marriage to the said Karma Hishey had still been subsisting. The queries made thereafter by the petitioner about the former marriage of the respondent No. 5, sparked off bitter resentment and differences between them. With a view to resolve the issue, the petitioner arranged meetings with respondent No 5 and other members of her family at Calcutta on 27th and 29th of March, 2005. During these meetings, the respondent No. 5 and her family members misbehaved with the petitioner and his family members and ultered threats to them. Being apprehensive about his security, the petitioner filed a complaint on 2nd April, 2005 with the Salt Lake Police Station, Calcutta by way of abundant caution. On the other hand, Mrs. Pema Choden, respondent No. 4, the mother of respondent No. 5, lodged an FIR on 31st March. 2005 with the Sadar Police Station at Gangtok making a false allegation that the petitioner had been treating her daughter with cruelty and has also been demanding dowry. The other allegations made in the FIR are that when the petitioner left for Hong Kong on 26th October, 2004 he had promised respondent No. 5 that he would take her to Hong Kong after procuring the necessary visa and other travel documents for her in the month of March, 2005. That the petitioner had made demand of Rs. 10 lakhs as dowry from respondent No. 5 when they were on their honeymoon trip in Kerala and thereafter, when the respondent No. 5 and her brother met the petitioner in Calcutta on 26th March. 2005, the petitioner asked the respondent No. 5 whether the amount of Rs. 10( lakhs had been arranged and when the respondent No. 5 replied in negative the petitioner misbehaved using foul language. That when they again met on 27th March, 2005 the petitioner told respondent No. 5 that he would not accept her until his demand of dowry was met and that the petitioner also told the respondent No. 5 on 30th March. 2005 that he had only entered into engagement to marry the respondent No. 5 and had never married her. That having thus been cruelly treated and deserted by the petitioner the respondent No. 5 was suffering from severe depression and "she might do anything including committing suicide." Pursuant to the investigation that was initiated after the FIR was lodged the petitioner was arrested from the Calcutta Airport at the time when he was about to leave India for Hong Kong and after his arrest he was produced before the concerned Executive Magistrate, Barrackpore, North 24 Parganas, where he was admitted to transit bail and directed to appear before the Court of Chief Judicial Magistrate, Gangtok on or before 12th April, 2005 and to report compliance on 19th April, 2005.

(3.) It is contended that the FIR lodged by the respondent No. 4 and the consequent action taken up by the Police are illegal, untenable and absolutely unjustified insofar as the FIR was motivated and the same even if taken at face value does not constitute any offence against the petitioner. It is also contended that the alleged marriage between the petitioner and the respondent No. 5 is a nullity in the eye of law and as such, no complaint under Section 498-A of the Indian Penal Code would be maintainable. It is then further contended that the alleged incident admittedly took place outside Gangtok and the State of Sikkim and as a consequence the registration of the FIR by Sadar Police Station and the consequent investigation initiated by the Police at Gangtok are without jurisdiction and illegal in law. It was, therefore, prayed that the FIR in question and all the consequent actions and proceedings may be quashed in exercise of the inherent power of this Court under Section 482 of the Code of Criminal Procedure.