Point of Law: Quash of criminal proceedings - No specific role of petitioner has been referred either in the complaint or in the statement recorded under Section 161 Cr.P.C. or in supplementary statements of complainant.

JUDGMENT :

The instant petition has been preferred by petitioner for quashing the complaint dated 25.2.2020, FIR No. 9 of 2020, dated 2.3.2020 registered in Women Police Station, Baddi, Police District Baddi, District, Solan, H.P. under Sections 498-A, 406 and 506 of Indian Penal Code and also order dated 11.8.2020 passed by learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P., summoning the petitioner for alleged commission of offence punishable under Section 498-A, 406, 506 read with Section 34 of IPC.

2. Petitioner is brother-in-law (Dever) of complainant. Complainant was married to Jitender Pal (brother of petitioner) on 30.11.2016 as per religious rights and customs. It is alleged in the complaint that Jatinder Pal did not properly treat the complainant, but harassed, maltreated and misbehaved with her on one pretext or the other and his entire family compelled the parents of complainant to arrange money to send the petitioner abroad and complainant paid the said amount. As per complaint, on 15.9.2019, family of petitioner gave merciless beatings to the complainant in connivance with each other and thrown her out of the home on 16.9.2019 and since then she is residing in her parental home. Complainant had filed a complaint in the Court of learned Judicial Magistrate, First Class, Nalagarh, District Solan, H.P. which was referred to Police Station Baddi/Nalagarh for necessary action vide order dated 27.2.2020, resulting into registration of FIR No. 9 of 2020.

3. After completion of investigation, challan/report under Section 173 Cr.P.C has been presented in the court for trial under Section 498A, 406, 506 and 34 IPC. During investigation statement and three supplementary statements of complainant (Annexures P-4 to P-7) were recorded on 3.3.2020, 8.3.2020, 6.5.2020 and 14.7.2020 respectively. Statements of parents of complainant and other witnesses (Annexures P-8, P-9, P-11, P-12 and P-13) were recorded on 3.3.2020, 8.3.2020, 14.3.2020 and 23.7.2020. Supplementary statement of father of complainant (Annexure P-14) was also recorded on 14.7.2020.

4. On the basis of material placed before the Magistrate, learned Magistrate has issued notice/summon/process against the petitioner along with husband, father-in-law and mother-in-law of complainant, vide order dated 11.8.2020.

5. It is case of the petitioner that after doing diploma in electrical, he was granted tourist visa by the Ministry of Interior United Arab Emirates on 23.9.2016, which was valid till 20.2.2017 and petitioner had departed from India on 7.1.2017 and thereafter returned on 4.2.2017 and he was granted employment visa by the Ministry of Interior, United Arab Emirates for the purpose of working as Wiring Electrician Assistant and visa was valid from 5.3.2017 to 3.5.2017. As per petitioner, the visa of the petitioner was extended time to time and he had been issued offer letter dated 2.2.2017 employing him as electrician w.e.f. 15.2.2017 with Aroma International Building Contracting LIC, copy of offer letter is Annexure P-19 and he had left India on 23.3.2017 and come back on 28.2.2018. Thereafter he had departed India on 2.8.2018 and came back on 21.6.2019. Petitioner has placed on record copy of tourist visa, employment visa and resident identity card issued by the Ministry of Arab Emirates as Annexures P-16, P-17 and P-18, respectively. Copy of Passport to substantiate the plea of travels of petitioner leaving India and coming back time to time, have been placed on record as Annexure P-20, having details of extension of visa.

6. It has been claimed on behalf of petitioner that before joining Aroma International Building Contracting LIC, petitioner had been working with P&R Infra Projects Ltd. Consultants and Developers in District Ropar, and in this regard certificate issued by the employer w.e.f. 8.6.2014 to 26.11.2016 has been placed on record as Annexure P-21.

7. It is further case of the petitioner that his marriage was fixed on 24.4.2020 w