The allegations of fraud did not establish the necessary elements for criminal liability under Sections 406 and 420 IPC.

Judgment

Mr. Pankaj Jain, J.

By way of present petition, the petitioners are seeking quashing of FIR No. 26 dated 12.6.2021 registered for the offence punishable under Sections 406 , 420 read with Section 120-B of the INDIAN PENAL CODE , at Police Station NRI, Police Commissionerate, Ludhiana.

2. The F.I.R was registered on the complaint made by Manjit Singh Gill-respondent No. 2, who alleged as under :-

“At present a complaint UID No.1840601 dated 30.07.2020 from Manjit Singh Gill son of Sikandar Singh resident of House No.3362, Street No.04, New Janta Nagar, Ludhiana presently resident of America against Baljit Singh son of Teja Singh resident of Village Nanakpur Jagera, Tehsil Payal, District Ludhiana and Harmandeep Kaur d/o Sohan Singh resident of Village Khasi Khurd presently resident of America, has been received in the Police Station for registration of case, the contents of which are, To, The Hon’ble Commissioner of Police, Ludhiana. 2. SHO Police Station NRI, Ludhiana. Subject: Application for registration of the FIR under Section 406 , 420, 120-B, 506 IPC against Harmandeep Kaur d/o S.Sohan Singh Pandher resident of Khasi Khurd, PO Kadiana, Tehsil and District Ludhiana at present resident of 1363 Danielle DR, Indiaapolic, IN 46231 No.317-500-1430 and Baljit Singh son of Late S.Teja Singh resident of Nanakpur Jageda,, Tehsil Payal, District Ludhiana and present address 1363 Danielle DR, Indiaapolic, IN 46231 No.317-500-1430 for breach of trust, committing fraud with the complainant of USA, Mobile Rs.4,70,000/- threatening to complainant and giving life R/Sir, The complainant submits as under:- 1.That the complainant is peace loving and law abiding citizen of India. 2.That the complainant got married with the accused according to Sikh Rites at Sunrise Farm, Ludhiana on dated 08.12.2013. That No.1 namely Harmandeep Kaur 3. Out of this wedlock one female child namely Jennifer was born. 4. That after the few days of the marriage, the know that complainant came No.1 Harmandeep Kaur is very short tempered lady. Complainant and his family members on petty to the accused. She used to quarrel with the matters. 5.That after few months accused No.1 Harmandeep Kaur has shifted to USA. After that the complainant also moved to USA in the year 2015. In USA the complainant noted that there is no change in the behavior of the Harmandeep Kaur, started daily quarrel with the complainant on the petty matters without any rhyme and accused No.1. She again reasons. 6. That the accused No.1 filed a divorce case against the complainant in the court of USA and on the other hand accused No.2 Baljit Singh grand material father of the accused complainant No.1 moved false against the complainant and his family members in police station NRI, Ludhiana. He also filed a Writ Petition against the family members in Hon’ble Punjab & Haryana High Court, Chandigarh. Complainant and his 7. That with the intervention of the respectable of the society and relatives, the matter has been compromised between the accused No.1 the complainant. On the behalf of the complainant, the father of the complainant matter and on the other hand on the behalf the was appointed to settle the of father was authorized to settle the matter. The compromise has been written in black & white on dated 01.10.2019 accused No.1, her grand maternal As per norms & conditions of the compromise the father of the Rs.4,70,000/- to Singh And Baljit Singh will Writ petition as in Police Station NRI, Ludhiana against the complainant and his family members. It is pertinent to mention that the will also withdraw the proce