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2020 Supreme(Del) 599
IN THE HIGH COURT OF DELHI AT NEW DELHI
Rekha Palli, J.
Jerambhai Vanmalibhai Patel & Anr. - Appellant
Versus
State (NCT Of Delhi) & Ors. - Respondent
W.P. (Crl.) 829 of 2020
Decided On : 20-05-2020
Mr.Harshit Tolia, Sr.Adv. with Mr.Anne Mathew, Adv, for the Appellants; Mr. Sanjay Loa, ASC, for the Respondent No. 1; Ms. Sanju Rai, I.O. Mr.P Jauhar, Adv, for the Complainant
The court considered the petitioners' cooperation with the investigation, their health concerns, and the ongoing pandemic in quashing the Look Out Circulars and allowing their return to South Africa for medical treatment.
Headnote:
LOCs - Quashing of Look Out Circulars - Article 226 of the Constitution of India, Section 482 of the Cr.P.C. - IPC Sections 498A/406/34 - W.P.(CRL.) 829/2020, CRLM.A. No.6617/2020
Fact of the Case:
The petitioners sought quashing of Look Out Circulars issued against them based on a complaint by their estranged daughter-in-law. They were detained at the airport and sought permission to return to South Africa for medical treatment.
Finding of the Court:
The court allowed the petition, quashed the LOCs, and directed the petitioners to remit a sum of Rs.40 lakhs to the complainant's bank account. The petitioners were also bound by undertakings to join investigation through video conferencing and in person after the pandemic, and not to create third party rights in a specific property.
Issues: Quashing of Look Out Circulars, Permission to Return to South Africa for Medical Treatment, Remittance of Sum to Complainant's Bank Account, Undertakings for Investigation and Property Rights
Ratio Decidendi: The court considered the petitioners' cooperation with the investigation, their health concerns, and the ongoing pandemic. It also took into account the undertakings and remittance of the sum to the complainant's bank account.
Final Decision: The petition was allowed, the Look Out Circulars were quashed, and the petitioners were directed to remit a sum of Rs.40 lakhs to the complainant's bank account. They were bound by undertakings for investigation and property rights.
JUDGMENT
Rekha Palli, J. (Oral) - CRL M.A. 6618/2020
1. Allowed, subject to all just exceptions.
CRL.M.As. 6619/2020 & 6620/2020
2. The petitioners shall file their duly attested affidavits and court fees within four weeks of the lockdown being lifted.
3. The applications stand disposed of.
W.P. (Crl.) 829/2020, CRLM.A. No.6617/2020
4. The present petition has been taken up for hearing through video conferencing.
5. Vide the present petition under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C., the two petitioners seek quashing of Look Out Circulars issued against them being LOC Suspect No. 1943642 and 1943643 issued vide letter dated 24.05.2019 by the Bureau of Immigration, Ministry of Home Affairs, Government of India vide its letter bearing No. 1/SIC/ACK/LOC/201 5323.
6. The case of the petitioners is that based on a complaint of their estranged daughter-in-law Mrs.Natasha Kapoor against them and their son namely Mr.Dirshan Vanmali Patel, FIR No. 0055/2017 under Sections 498A/406/34 of the IPC was registered in P.S Crime (Women) Cell, Nanak Pura, New Delhi.
7. Learned senior counsel for the petitioners submits that the petitioners are senior citizens, the petitioner no.1 being 82 years of age and petitioner no.2 being 72 years age, who are citizens and permanent residents of the Republic of South Africa and have nothing to do with the allegations levelled in the FIR. In fact, the marriage between the complainant and their son already stands dissolved as per the applicable domestic laws of the Republic of South Africa, vide a decree of divorce passed on 20.12.2017 by the concerned court at Cape Town. He further submits that even though the petitioners have always cooperated with the investigation, having sent their written representations to the Investigating Officer (I.O) on 23.02.2018, they were detained at the Mumbai Airport when they landed on 06.12.2019 for a religious visit to India. He submits that it was only then that they were informed that LOCs had been issued against them by the Bureau of Immigration at the request of the Deputy Commissioner of Police, SPU W&C, PTS Malviya Nagar. Resultantly, they were detained at the airport itself and released after a lengthy investigation of four hours conducted by the I.O.
8. He submits that keeping in view the failing health of the petitioners and the ongoing pandemic, they need to be treated by their doctors at Johannesburg, South Africa. In view of the recent information received from the Consulate of the Republic of South Africa, an emergency flight from India to South Africa has been scheduled on 22.05.2020 for repatriation of all South African citizens in Indian territory; the fact that the Court of the learned Metropolitan Magistrate at Dwarka Courts is not functional on account of being in a containment zone, the petitioners have been compelled to approach this Court. He submits that the petitioners have always cooperated with the investigation and prays that in case any further interrogation is needed, keeping in view the present pandemic, the I.O. may be directed to interrogate them as and when required through video conferencing which the petitioners undertake to join as and when directed. He further submits that without prejudice to their contention that no amount is payable to the complainant from them, the petitioners are willing to forthwith remit a sum of Rs.40 lakhs in the complainants bank account, subject to the same being adjusted against the arrears of maintenance as may be finally adjudicated by the concerned Mahila Court where the DV proceedings initiated by the complainant are pending. The petitioners further undertake not to create any third party rights in the property situated at Flat no.801/B, Anmol Apartment, Gandevi Rd, Lunsikui, Navsari, Gujarat without the leave of the DV Court. He submits that the petitioner undertakes to come to India at the direction of the I.O./Court after the pandemic of COVID 19 is over and t
