The main legal point established in the judgment is that the allegations in the FIR must prima facie constitute a criminal offence, and the legal requirements for specific offences under the IPC must be met. The court also emphasized the distinction between civil and criminal cases, and the importance of following procedural requirements such as proclamation proceedings.

JUDGMENT

Deepak Gupta, J.(Oral) - This order shall dispose of aforesaid two petitions between the same parties arising out of the same FIR. Prayer made in CRM-M-2037-2019 filed under Section 482 Cr.P.C. is to quash FIR No.141 dated 31.08.2018, registered at Police Station Sadar Dhuri, District Sangrur (Annexure P-3) under Sections 420, 406 and 120-B of IPC and all the subsequent proceedings arising therefrom; whereas prayer made in CRM-M-12319-2021 filed under Section 482 Cr.P.C. is to quash the order dated 25.04.2019 (Annexure P-11) passed by learned Judicial Magistrate, Dhuri, vide which the petitioner was declared as proclaimed offender in the above said FIR No.141 dated 31.08.2018.

2. Petitioner is the wife of respondent No.2 Daljit Singh. Their marriage was performed on 8.8.2002. Much prior to the marriage, complainant of the FIR - respondent No.2 was residing in Kuwait. Soon after the marriage, petitioner also shifted to Kuwait with her husband i.e. complainant-respondent No.2. Two children were born out of their wedlock. Petitioner along with her children left Kuwait and shifted to Canada in March, 2017.

3. FIR was lodged on the complaint of husband-respondent No.2 not only against the petitioner-wife Smt. Sakinder Kaur but also against her other family members i.e. father Gurcharan Singh, brother Jatinder Singh, sisters Harinder Kaur & Rupinder Kaur and their respective husbands Pritpal Singh and Kaka Singh. It was alleged that Sakinder Kaur along with her children left Kuwait on 20.03.2017 and came to Dhuri, telling the complainant that she was going to meet her parents. While coming, she brought 2000 Dinars equivalent to Rs. 4,50,000/-, about 1 kg. gold and lot of other articles; that complainantrespondent No.2 had deposited Rs. 3,00,000/- each in the form of FDRs in the State Bank of Patiala and Rs. 10,00,000/- in the form of FDR in Muthoot Finance in the name of wife-petitioner in the year 2014, which was to mature in 2019. He had also taken a locker in the Central Bank in the name of wife, in which approximately 1 - 11/2 Kg. gold was kept, which was purchased by him and given to his wife-petitioner. It was alleged further by the complainant-respondent No.2 that he had sent money to his father-in-law Gurcharan Singh for purchasing shop in his name but by cheating, the same was got registered in the name of Sakinder Kaur-petitioner. Another money was sent to purchase the plot was used to purchase the plot in the name of Sakinder Kaur-petitioner. Money was also sent to purchase JCB machines for the complainant but those machines were purchased in the name of brother-in-law Jatinder Singh, though these machines were later on returned. It was also alleged that two sisters-in-law and their respective husbands got invested an amount of Rs. 10,00,000/- in a Chit Fund Company, but they paid interest for 6-7 months and then backed out from paying interest. On these allegations and after conducting necessary inquiry, FIR was registered under Sections 406, 420 and 120-B IPC and challan was presented.

4. Petitioner submits that she was being treated by her husband as his slave. She was bearing all the physical and mental torture for the last 15 years for the sake of children in the hope that she would have a life of dignity and could educate her children as good humans. However, when things went beyond control, she decided to immigrate to Canada and departed from Kuwait on 20th March, 2017 and reached Canada on 22.03.2017 along with her children. She made a complaint to NRI Police Station, Mohali on 06.02.2018, sent through e-mail, containing all the allegations of physical and mental torture by her husband-respondent No.2-complainant and demanding action against him. Respondent No.2-complainant on the other hand made a complaint, before registration of the present FIR, against his wife- petitioner and her family members, copy of which is Annexure P-4. Husband of the petitioner also filed a civil suit for declaration for the shop