Criminal Misc. No. M-15528 of 2009(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-15528 of 2009(O&M) Date of Decision: November 15, 2011 Surjit Singh and others ... Petitioners Versus State of Haryana and another ... Respondents CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.Parminder Singh, Advocate, for the petitioners. Ms.Latika Rao, Dy. Adv. General, Haryana for respondent – State. Ms.Sharmila Sharma, Advocate for respondents No.2. NAWAB SINGH J.(ORAL) By this petition under Section 482 of Code of Criminal Procedure, quashing of Criminal Complaint titled “Karamjit Kaur vs. Nishan Singh and others” pending in the court of Judicial Magistrate Ist Class, Karnal and the order dated May 19th, 2008 (Annexure P9) summoning the petitioners to face trial under Sections 498A and 506 of the Indian Penal Code (for short `IPC'), is sought. 2. Karamjit Kaur – complainant/ respondent No.2 was married with Nishan Singh on January 19th, 2003. After the marriage, she stayed with her husband in Germany. A matrimonial dispute arose between them. She came back to India on December 09th, 2005 and lodged First Information Report (for short `FIR') No.234 dated December December 12th, 2005 under Sections 307, 406, 498A and 506 IPC in Police Station Traoari, District Karnal, against her husband Nishan Singh, parents-in-law Sant Singh and Maya Kaur, sister-in-law Rani Kaur and the petitioners, that is, Surjit Singh, Malkeet Singh, both brothers of Nishan Singh and Mastan Singh, husband of sister of Nishan Singh. After investigation, prosecution filed report for cancellation of the case (Annexure P7) on January 12th, 2007, which was opposed by the complainant. The application Criminal Misc. No. M-15528 of 2009(O&M) [2] made to the Police was treated as a complaint. 3. Parents-in-law and sister-in-law filed a petition (CRM No.M-17627 of 2008 titled “Sant Singh and others vs. State of Haryana and another”) seeking quashing of the complaint and the order dated May 19th, 2008 (Annexure P9) . All criminal proceedings qua them initiated at the instance of Karamjit Kaur were quashed by this Court by order dated December 16th, 2008 (Annexure P10). 4. Indisputably, Karamjit Kaur went to Germany with Nishan Singh after the marriage. She came back on December 09th, 2005 and lodged the FIR against the petitioners and others. The petitioners were/are residing in foreign countries. Karamjit Kaur and Nishan Singh have obtained a decree of divorce by judgment and decree dated May 28th, 2010. Karamjit Kaur has re-married with one Pritam Singh, who is a non-resident Indian and is residing in United States of America. 5. Aforesaid facts and circumstances reveal that there could not be any occasion for the petitioners for subjecting the complainant to cruelty. Though, the petitioners are relatives of Nishan Singh, but notable fact is that they were residing abroad. Not only that, all criminal proceedings against the parents-in-law and sister-in-law, initiated at the instance of Karamjit Kaur, have already been quashed by this Court. In these circumstances, this Court is of the considered opinion that continuation of criminal proceedings against the petitioners is abuse of process of law. 6. In view of the above, the petition is accepted. Criminal Complaint titled “Karamjit Kaur vs. Nishan Singh and others” pending in the court of Judicial Magistrate Ist Class, Karnal and the order dated May 19th, 2008 (Annexure P9) and all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners. November 15, 2011 ( NAWAB SINGH ) `gian' JUDGE