Improper service and general nature of allegations can lead to quashing of FIR and subsequent proceedings.

JUDGMENT

Jaishree Thakur, J. - This petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure seeking quashing of the order dated 09.04.2014 passed by Chief Judicial Magistrate, SAS Nagar Mohali (Annexure P-4) whereby the petitioners herein have been declared proclaimed person. The petitioners further pray for quashing of FIR No. 06 dated 06.08.2013 under Sections 406, 498-A IPC, registered at Women Police Station Mohali, District SAS Nagar (Annexure P-3) and all subsequent proceedings arising therefrom.

2. Briefly the facts of the case are that petitioners herein are the elder brother and sister-in-law of Sandeep Kanwar Singh whose marriage was solemnized with respondent No.2, Mandeep Kaur on 27.11.2011. Petitioners migrated to Australia in the year 2006 and since then they are residents of Australia residing in Melbourne. Sandeep Kanwar Singh had also migrated to Australia in the year 2009 and came back to India on 15.11.2011 for his marriage and again left for Australia on 15.01.2012. On 12.09.2012, Mandeep Kaur respondent No.2 left India for Australia to join the company of her husband at Melbourne. While in Melbourne matrimonial differences arose between husband and wife i.e. Sandeep Kanwar Singh and respondent No.2 Mandeep Kaur, who could not pull on smoothly on account of their temperamental differences. Disputes over petty matters started occurring between them. In this regard, respondent No.2 made a complaint dated 24.04.2013 against her husband to the Australian Police. After lodging the said complaint dated 24.04.2013 against her husband, respondent No.2 came to India on 13.07.2013 and got registered FIR No. 06 dated 06.08.2013 under Sections 406, 498-A IPC, at Women Police Station Mohali, District SAS Nagar (Annexure P-3) involving all the family members of her husband. Aggrieved against the said FIR and order 09.04.2014 passed by Chief Judicial Magistrate, SAS Nagar Mohali (Annexure P-4) whereby the petitioners herein have been declared proclaimed person, the instant petition has been filed.

3. Mr. V.K. Jindal, learned Sr. Advocate assisted by Ms. Nagma Gupta, Advocate appearing on behalf of the petitioners argues that petitioner No.1 came to India on 23.10.2011 to attend the marriage of his younger brother Sandeep Kanwar Singh with respondent No.2 and after marriage left for Australia on 06.01.2012, whereas petitioner No.2 came to India on 14.11.2011 to attend the same marriage on 27.11.2011 and after marriage left for Australia on 15.12.2011. During their stay in India there was no complaint or allegation against them or any person and thereafter respondent No. 2 left for Australia on 12.09.2012. In fact, the dispute apparently was between the husband and wife and that too on account of their incompatibility. The allegations leveled against the petitioners are totally false and baseless and without any iota of evidence. It is submitted that even if the allegations levelled in the FIR are gone into, it would be surfaced that no role has been attributed to the petitioners herein. Insofar as the offence under Sections 498-A & 406 IPC are concerned, the same are not made out against the petitioners as neither any dowry was entrusted to them nor respondent No.2 ever asked the petitioners for the return of her alleged dowry articles. It is also argued that with mala fide intention respondent No.2 complainant knowing well that petitioners herein are residing in Australia yet gave their address of Yamuna Nagar and, therefore, no proper service was affected upon them as per the law, and consequently were declared as proclaimed person, which order is not sustainable on account of the fact that they were residing abroad. It is also submitted that the co-accused, other than Sandeep Kanwar Singh, stand acquitted by the Judicial Magistrate !st Class, SAS Nagar, Mohali vide order dated 29.01.2018.

4. On notice, reply has been filed by the respondent-State by submitting that after completion