Crl. Misc. No. M-800 of 2010 -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-800 of 2010 Date of Decision: 25.8.2011. Surjit Singh and others ........Petitioners Vs. State of Punjab and another ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Pankaj Bali, Advocate for the petitioners. Mr. Vishal Munjal, Addl. A.G. Punjab for respondent No.1. Mr. S.S.Swaich, Advocate for respondent No.2. ..... SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the complaint No. 84 dated 11.4.2008 (Annexure P-1), under Sections 499, 500 of the Indian Penal Code ('IPC' for short), and summoning order dated 16.5.2009 (Annexure P-2). The case of the complainant as per the complaint (Annexure P-1) in brief is that marriage of her brother Manjit Singh was solemnized on 19.7.1998 with Paramjit Kaur. Manjit Singh was residing in Canada. The accused in connivance with each other had got false case registered against the complainant and her family. The FIR got registered by Paramjit Kaur against the complainant and others was quashed qua the complainant Crl. Misc. No. M-800 of 2010 -2 - and her brother Major Singh by this court. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. Paramjit Kaur lodged FIR No. 47 dated 16.3.2004 under Sections 498-A, 420, 506 IPC at Police Station Payal. The complainant along with her brother Major Singh filed Criminal Miscellaneous No. 6746-M of 2007 seeking quashing of the said FIR. The said petition was allowed by this court vide order dated 18.3.2008. Although the FIR qua the petitioners was quashed by this court but that would not give rise to the complainant to lodge a complaint qua an offence of defamation. Paramjit Kaur was married to the brother of the complainant Manjit Singh. The said Manjit Singh did not take his wife to Canada. Admittedly, the relations between the families became strained and Paramjit Kaur, who was aspiring to go abroad, left with no option lodged the complaint against the members of her in-laws family. The intention of Paramjit Kaur was not to defame the members of her in-laws family but she just wanted to go abroad and live with her husband in the matrimonial home. In these circumstances, the continuation of the criminal proceedings against the petitioners would be nothing but an abuse of process of law. Accordingly, this petition is allowed. The complaint No. 84 dated 11.4.2008 (Annexure P-1), under Sections 499, 500 IPC and all subsequent proceedings, arising therefrom, including the summoning order dated 16.5.2009 (Annexure P-2) are quashed. (SABINA) JUDGE August 25, 2011 Gurpreet