Criminal Misc. No.M.25588 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M.25588 of 2008 Date of decision 9.12.2010. Harpreet Kaur and others ...... Petitioners. versus The State of Punjab and another ...... Respondents. CORAM :- HON'BLE MR.JUSTICE K.C.PURI. Present : Mr. H.S.Bhullar, Advocate for the petitioner. Mr. H.N.S.Gill, Advocate for private respondents. Mr. K.S.Sudhir Nehra, Addl. A.G. Punjab. K.C.PURI, J. Petitioners have preferred petition under Section 482 of the Code of Criminal Procedure (in short Cr.P.C.) for quashing FIR No.162 dated 6.11.2007 under Sections 341, 506, 148 and 149 of the Indian Penal Code ( in short – IPC) The above mentioned FIR was registered at the instance of Maninderjit Kaur daughter of Thakur Singh residing near Gurdwara Singh Sabha, Jawadi Road, Malerkotla against the petitioners. It is alleged that petitioners and his sisters formed a Dhadi Jatha in order to hold religious Criminal Misc. No.M.25588 of 2008 2 gatherings. Harpreet Kaur daughter of late Bharpur Singh now wife of Balbir Singh resident of Kulara District Jallandhar remained in England for two years. For going to foreign countries Harpreet Kaur and the complainant have a passport. In the year 2000, Harpreet Kaur arranged their trip to England on their passport, they went to England on 2.7.2000 and came back on 30.12.2000. In the year 2001, Harpreet Kaur again was to lead the group as to go to England and for this purpose Visas were taken. All members of group went to Embassy of England at Delhi. Bharat Singh, her father and Gursharan Singh her brother were also with them because their group was earlier sponsored together by Gurdwara Sahib at Birmingham in England. All the papers and passports of the group members were with Harpreet Kaur. On 4.4.2001 they got Visas from Embassy of England at Delhi and came back. They stayed in the house of Harpreet Kaur. On the next day, they demanded their papers from Harpreet Kaur, Bharpur Singh and Gursharan Singh, who told them that they are to go to a foreign country together, therefore, let the papers should remain with them. After 15/20 days, they made a programme for going out of country. They all the three sisters went to the house of Harpreet Kaur at Mehlan. Their mother Harbhajan Kaur was also with them. On reaching the house, they demanded back their papers from Bharpur Singh, Gursharan Singh and Harpreet Kaur including their passports. However, they did not return the same. Feeling helpless they came back at their house at Malerkotla and got registered a case FIR No.194 dated 28.5.2000 under Sections 406 and 420 IPC at Police Station Sunam against Harpreet Kaur, Bharpur Singh and Gursharan Singh, on the allegations that they have committed the offence of Criminal Misc. No.M.25588 of 2008 3 breach of trust by keeping the papers-passports with them. Bharpur Singh and Gursharan Singh were acquitted by the Court on 5.2.2006 in the said case because the Public Prosecutor told them that they need not to come to the Court. Harpreet Kaur was declared proclaimed offender on 8.12.2001. The said information was sent by the Police Station of Sunam to the Airport and on that account Harpreet Kaur remained in England from 2001 to 2007. She came to India on 6.12.2006 and appeared in the Court on 20.1.2007 and got herself released on bail. Harpreet Kaur was not arrested in spite of the fact that she was a proclaimed offender as police personnel and Jasbir Singh, Deputy Commissioner were helping her. Harpreet Kaur has married with Balbir Singh, who is already married person. He got the divorce from his first wife and then married Harpreet Kaur. Balbir Singh met them in England when their group went there. He was stage Secretary in Gurdwara Sahib situated in Gravesend. Harpreet Kaur is a woman of criminal type and having connection with terrorists earlier. On account of this Harpreet Kaur and Balbir Singh used to keep gunda type persons with them and used to give threats for killing the complainant and his family members. They were also putting pressure for withdrawing all the cases. The complainant has further mentioned that she along with her two sisters having formed a religious group, moved in Punjab and even go to foreign countries to organize religious functions. Her sister Bhupinderjit Kaur Cheema after getting Visa of a country on her passport, which was kept by Harpreet Kaur by playing fraud and did not return their passports and other papers got depression on account of this and fell ill and ultimately died on 23.4.2005. Harpreet Kaur and her brother are responsible for her death. The Criminal Misc. No.M.25588 of 2008 4 complainant has further submitted that they are five sisters having no brother. Her father was working in FCI as an Inspector, who died on 31.8.1993. They had no other source of income except the one from religious group which they formed. Harpreet Kaur and Balbir Singh along with gundas were threatening them for not withdrawing the case. On 14.6.2007, she appeared before Senior Superintendent of Police, (in short – the SSP) and gave an application against Harpreet Kaur, Balbir Singh and Gursharan Singh to the effect that they were giving threats to her and her family members along with gundas. They also gave such threats in the compound of Courts at Sunam and also for withdrawal of the case. This application was sent by the SSP to SHO Police Station City Malerkotla for enquiry because they were residents of that place and their case was pending in a Court at Sunam. The accused, however, resided in village Mehlan within the jurisdiction of Police Station Sunam and the case was registered against them in that Police Station. Since, no action was taken on their application dated 14.6.2007, Harpreet Kaur, Balbir Singh and Gursharan Singh with the help of some gundas continued to give threats to her and her family members of killing and for not taking back the case. It has been further alleged that on 24.7.2007, she also appeared before the SSP and gave an application. On her application and after receiving, her application was marked to SHO Police Station City, Sunam and he was directed on telephone to take legal action on the same within three days and report back the matter. SHO of Police Station City has not made any report and complainant has been making request against Harpreet Kaur, Balbir Singh and Gursharan Singh and SHO, Police Station City Sunam and City Criminal Misc. No.M.25588 of 2008 5 Malerkotla. It has been further mentioned that one of the sisters of the complainant is married in England. Harpreet Kaur, Balbir Singh are going there and are giving threats that she and her family members would also be eliminated. Gursharan Singh has also started residing in Jalandhar for the last some time. One day Harpreet Kaur, Balbir Singh and Gursharan Singh came to the Court compound at Sunam. They were also having their date of hearing there and they came to the complainant and put pressure for withdrawal of the case and stated that in case it is not withdrawn her sister Rajinderjit Kaur, who is married in England and is residing there with her family would be finished as they are having lot of known persons there, who have been made to follow them. They would kidnap her family members from Sunam or Malerkotla. Thereafter, three applications have been moved and they are under fear. It is further mentioned in the application that they are women and pressure is being put by Harpreet Kaur. So, action should be taken against them. It has been further mentioned in the application that her sister Bhupinderjit Kaur Cheema fell ill on account of tension created by them and then died because her passport with Visas were withheld fraudulently for which Harpreet Kaur, Balbir Singh and Gursharan Singh are responsible. Balbir Singh also stated that he is son-in-law of Jasbir Singh Rode and therefore, he is having links with a number of persons. Thereafter, she is writing time and again that family members should be protected and Harpreet Kaur, Balbir Singh and Gursharan Singh, who also brings gundas and others type of elements. On the basis of the said allegation after inquiry Criminal Misc. No.M.25588 of 2008 6 by DSP, the FIR was registered. The said FIR has been sought to be quashed in the present petition. From the perusal of the file, it is revealed that an another case under Sections 406 and 420 IPC was registered against Harpreet Kaur, Balbir Singh and Gursharan Singh. The said case was tried by Sub Divisional Judicial Magistrate, Sunam and vide challan No.79 of 22.12.2001 decided on 6.5.2006 accused Bharpur Singh and Gursaran Singh @ Sarna were acquitted. Harpreet Kaur accused was declared as proclaimed offender. Later on, she got the order of bail and thereafter she was tried by challan No.17 of 18.9.2006 decided on 15.10.2007 and ultimately Harpreet Kaur was also acquitted in the said FIR No.194 dated 28.5.2001 under Sections 406 and 420 IPC PS Sunam. The allegations in the said FIR were that Harpreet Kaur, her father and brother have dishonestly kept the passport Visa etc. of complainant. The order of acquittal of both the accused in the earlier case has been placed on the record of this case. Similar allegations have been refuted in the present case and besides there are also allegations of giving threats. Petitioner Harpreet Kaur is resident of England and settled there. Earlier she has to suffer for about more than one year due to registration of the case, which ultimately led to her acquittal. The complainant after having realized that Harpreet Kaur now has a right to go abroad, has got registered the present FIR containing general allegations of threats. In authority Parminder Kaur vs. State of U.P. And Anr. 2009(4) R.C.R.(Criminal) 844, it has been held that criminal proceedings can be quashed by invoking the provisions of Section 482 Cr.P.C. where the Criminal Misc. No.M.25588 of 2008 7 said criminal proceedings is manifestly attended with mala fide and/or where the proceedings is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. The complainant after having failed in the earlier litigation got registered the present FIR. No specific date of giving threats has been given. The details of the cases, in which the complainant was appearing, were also not given. The petitioners have pleaded that from 15.10.2007 to 18.10.2007 they stayed in House No.217 Sector 21, Panchkula with a relation and after getting copy of the order dated 17.10.2007, she returned to Sunam on 19.10.2007, so as to get her passport released from the Court of learned Magistrate on the direction of the High Court. The application was adjourned to 20.10.2007 and the passport of Harpreet Kaur was directed to be released on 20.10.2007. Petitioners Harpreet Kaur and Balbir Singh came to Chandigarh so as to book the ticket for going back to England. During the night 22/23.10.2007, they stayed in House No.217 Sector 21 Panchkula. They then went to Jalandhar and stayed in Hotel Sekhon Grand during night time and met Senior Superintendent of Police, Jalandhar on 24.10.2007 as Harpret Kaur was to get clearance from the said office as she stayed more than six months in India in order to face the trial of the case initiated by the complainant. It is further pleaded that Balbir Singh was born in England itself and is British citizen and a criminal case has been registered to put obstructions of their going to England. The motive of the complainant would be to achieve in case they would have resisted during the trial of the case against Harpreet Kaur and above referred cases their Criminal Misc. No.M.25588 of 2008 8 passport would have been seized by the police. It has come on record that in order to detain Harpreet Kaur and her husband to go abroad where they have been stated to be permanently settled. Though, the allegation of having their links with terrorists have been alleged but no documentary evidence in this regard has been placed on the file. So, keeping in view whole of the discussion made above, I have no hesitation in holding that FIR in question is clearly an abuse of the process of the Court and consequently, the petition stands allowed and the FIR No.162 dated 6.11.2007 under Sections 341, 506, 148 and 149 of the Indian Penal Code registered at Police Station City Malerkotla stands quashed by invoking the provisions of Section 482 Cr.P.C. Further proceedings in pursuance thereto also stand quashed. A copy of this judgment be sent to the trial Court for strict compliance. ( K.C.PURI ) JUDGE December 09 , 2010 sv