Crl.Misc.No.M-32931 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc. No. M-32931 of 2008
Date of Decision: 10 - 3 - 2009
Amarjit Singh Manocha and others .....Petitioners
v.
State of Punjab .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.Kuldip Sanwal, Advocate
for the petitioners.
Mr.Mehardeep Singh, AAG, Punjab.
Mr.H.S.Dhindsa, Advocate
for the complainant.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.36 dated 22.4.2008 registered at Police Station
Sudhar, District Ludhiana under Sections 420, 406, 498-A IPC.
It is a case of Non Resident Indian marriage. It is stated that
complainant Nirlep Kaur was married with Gurpreet Singh Manocha.
Nirlep Kaur came to India from Canada in November, 2006 for solemnizing
marriage with Gurpreet Singh Manocha petitioner No.5. The marriage was
Crl.Misc.No.M-32931 of 2008 [2]
solemnized on 11.3.2007. Thereafter, Nirlep Kaur left India for Canada on
24.3.2007. She sponsored immigration of Gurpreet Singh Manocha to
Canada and Gurpreet Sigh Manocha left India on 22.2.2008. At Canada
differences between husband and wife cropped up.
Counsel for the petitioners submit that petitioners No.4 and 5
were abroad when they were declared proclaimed offenders without
effecting service upon them. Counsel for the petitioners state that
petitioners are ready and willing to face the trial. It is submitted that false
allegations have been levelled only to harass the petitioners. It has been
further submitted that marriage was solemnized on 11.3.2007 and aggrieved
wife left India on 24.3.2007. Her stay in India was less than 14 days and
allegations for demand of dowry and causing cruelty pertain to these 14
days.
Counsel for the petitioners further submit that petitioners No.1
to 3 shall cause appearance before the trial Court and their personal
appearance before the trial Court be exempted. It is further submitted that
every endeavor will be made that petitioner No.4 – Ramanpreet Kaur appear
before the trial Court on or before 30.5.2009. In case petitioner No.4 –
Ramanpreet Kaur fail to appear before the trial Court on or before
30.5.2009, the present petition qua her shall be deemed to have been
dismissed and the proceedings whereby she was declared proclaimed
offender shall remain in force. Personal appearance of petitioners No.1 to 3
is exempted subject to their furnishing an undertaking that they shall cause
appearance as and when required by the trial Court. They shall also file an
undertaking that the evidence, if any, recorded in their absence but in the
presence of their counsel shall be binding upon them. The trial Court may
Crl.Misc.No.M-32931 of 2008 [3]
also incorporate any other condition in the undertaking to be submitted by
the accused.
Petition is disposed off.
( KANWALJIT SINGH AHLUWALIA )
March 10, 2008. JUDGE
RC