Crl. Misc. No. M-22332 of 2008 (O&M) -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-22332 of 2008 (O&M) Date of Decision: 02.9.2011. Surinder Singh and another ........Petitioners Vs. State of Punjab ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Sudhir Sharma, Advocate for Mr. Amandeep Singh, Advocate for the petitioners. Mr. G.S.Brar, Asstt. A.G. Punjab for the respondent. ..... SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) for quashing of the FIR No. 239 dated 13.9.2005 under Sections 406, 420, 498-A of the Indian Penal Code ('IPC' for short), registered at Police Station Sadar Nawanshahar, Distt. Nawanshahar. Learned counsel for the petitioners has submitted that the complainant was settled in England for the last many years. The complainant had come to India and had got married to Rachhpal Singh in March 2002. The petitioners are the parents of Rachhpal Singh. Thereafter, Rachhpal Singh joined the complainant in England in July 2002. Both Rachhpal Singh and Jaspreet Kaur are residing in England. Some differences Crl. Misc. No. M-22332 of 2008 (O&M) -2 - arose between the couple after about 1½ years of their marriage. The complainant came to India and lodged the FIR in question against the petitioners. The Criminal Miscellaneous No. 43062-M of 2006 filed by Resham Singh and others was allowed by this court vide order dated 15.2.2008 and the FIR in question qua them was ordered to be quashed. Learned state counsel, on the other hand, has submitted that the allegations levelled against the petitioners were serious in nature and hence, the criminal proceedings were liable to continue against them. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. Jaspreet Kaur wife of Rachhpal Singh is residing in England. Her parents are also residing in England. Jaspreet Kaur was born in England and had studied in England. She was married to Rachhpal Singh in March 2002 in India. After about one month, Jaspreet Kaur left for England. Rachhpal Singh also joined his wife in England. It appears that thereafter, differences arose between the couple. Jaspreet Kaur and Rachhpal Singh got a decree of divorce in England on 08.11.2006 (Annexure P-3). Brothers of Rachhpal Singh had filed Criminal Miscellaneous No. 43062-M of 2006 seeking quashing of the FIR and the said petition was allowed by this court on 15.2.2008 (Annexure P-2). Hence, in the present case, the continuation of criminal proceedings would be nothing but an abuse of process of law. At present both Rachhpal Singh and Jaspreet Kaur are residing in England. Apparently, the criminal proceedings have been launched against the family members of Rachhpal Singh, who Crl. Misc. No. M-22332 of 2008 (O&M) -3 - are residing in India, just to harass them. Keeping in view the totality of the facts of the present case, it would be just and expedient to quash the FIR in question. Accordingly, this petition is allowed. The FIR No. 239 dated 13.9.2005 under Sections 406, 420, 498-A IPC, registered at Police Station Sadar Nawanshahar, Distt. Nawanshahar and all subsequent proceedings, arising therefrom, qua the petitioners, are quashed. (SABINA) JUDGE September 02, 2011 Gurpreet