Crl. Misc. No. M-1228 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-1228 of 2009 Date of Decision : August 27, 2009 Sanjeev Vij and another .... Petitioners Vs. State of Punjab and another .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Sunil Chadha, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab for respondent no. 1. Mr. Anil Kshetarpal, Advocate for respondent no. 2. * * * L. N. MITTAL, J. (Oral) : Sanjeev Vij and his wife Kiran Vij have filed this petition under Section 482 of the Code of Criminal Procedure (in short – Cr. P. C.) for quashing of FIR No.120 dated 01.07.2003, under Sections 406, 420, 467, 468, 471 and 120-B of the Indian Penal Code (in short – IPC), registered at Police Station Division No. 8, District Ludhiana (Annexure P- 1), lodged by Amit Kapoor – respondent no.2. According to allegation in the FIR, respondent no. 2 as Proprietor of M/s Kapoor Trading Company having Head Office at Crl. Misc. No. M-1228 of 2009 2 Panchkula and Branch Office at Ludhiana, appointed petitioner no.1 as Manager and petitioner no. 2 as Accounts Assistant in Branch Office at Ludhiana. However, petitioner no.1 concealed that he was government employee being posted as Cashier in Punjab State Electricity Board. The petitioners, in connivance with each other, forged documents and petitioner no.1 misrepresenting himself as Proprietor of the aforesaid concern of complainant, opened bank accounts of the said concern and siphoned off amounts of the said concern. I have heard learned counsel for the parties and perused the case file. It is undisputed that both the accounts in the name of the concern were opened by petitioner no.1 only. It is also undisputed before me that Reena – wife of respondent no.2 is bua's daughter of petitioner no.2. Marriage of the petitioners had been solemnized on 02.12.1998, whereas marriage of respondent no.2 with Reena was solemnized in April 1995. It was in September 1996, as per FIR, that the petitioners had approached the complainant-respondent no.2 for looking after his business in Ludhiana office. Inspite of this, respondent no. 2 did not mention the aforesaid close relationship in the FIR. In fact, even in reply to the instant petition, complainant-respondent no.2, instead of admitting this relationship, opted to remain silent about the same. However, learned counsel for respondent no.2 admitted the same during the course of arguments. It was, therefore, in the knowledge of respondent no.2 that petitioner no.1 was employed in Punjab State Electricity Board and the plea of respondent no.2 in the FIR that petitioner no.1 concealed this fact, is a patent lie. Having said so, as aforesaid, from the averments in the FIR and the evidence collected by the police, no overt act of petitioner no.2 has apparently come on record. It was petitioner no.1 only, who opened the bank accounts representing himself to be Proprietor of the alleged concern Crl. Misc. No. M-1228 of 2009 3 of complainant – respondent no.2 and it was also petitioner no.1, who allegedly operated the said accounts and siphoned off the money. In view thereof, prosecution of petitioner no.2, merely because she is wife of petitioner no.1, would be an abuse of process of law, which has to be curbed by this Court by exercising inherent power under Section 482Cr.P.C. Learned counsel for the petitioners seeks permission to withdraw the instant petition qua petitioner no.1, with liberty to him to raise all the pleas available to him before the trial court. In view of the aforesaid, the instant petition is allowed qua petitioner no.2 and the impugned FIR No.120 dated 01.07.2003, under Sections 406, 420, 467, 468, 471 and 120-B IPC, registered at Police Station Division No. 8, District Ludhiana (Annexure P-1) is quashed against petitioner no.2 only, along with all consequential arising therefrom against her, whereas the instant petition qua petitioner no.1 is dismissed as withdrawn, with liberty as aforesaid. August 27, 2009 ( L. N. MITTAL ) monika JUDGE