Advocates:
Advocate Appeared:
For the Appellant :Mr. Sunil Panwar, Advocate
For the Respondent:Mr. Siddharath Sandhu, Mr. Kamaldip Singh Sidhu, Advocate

JUDGMENT :

Harkesh Manuja, J.

The petitioners, by way of present petition filed under Section 482 Cr.P.C., seeks quashing of FIR No. 38 dated 01.07.2022 (Annexure P-1) under Sections 420 & 120-B of IPC, registered at Police Station Bhadaur, District Barnala (Punjab) alongwith all the subsequent proceedings arising therefrom.

2. The FIR (supra) is primarily based on an alleged breach of agreement dated 17.08.2020 (Annexure P-2) executed between the father of petitioner No. 1 and father of respondent No. 2-complainant. Relevant extract from the agreement dated 17.08.2020 followed by the extract from the FIR (supra), are re-produced hereunder:-

"Agreement dated 17.08.2020: -

That Manpreet Kaur daughter of Party No. 2 had secured 6 bands in IELTS in September 2019 where after Party No. 2 with the best of their knowledge and free will as also with the consent of their above said daughter got her engaged with Gurdeep Singh Gill son of Party No. 1 where after with the consent of Manpreet Kaur she was sent to Canada and the entire expenses were borne by Party No. 1. After 3^1/2 months Manpreet Kaur came back to her parents place (Party No. 2) for getting married with son of Party No. 1 Gurdeep Singh Gill where after both the parties got the marriage performed of their son and daughter with due customs in the presence of all the relatives and friends on 25.12.2019 at Brar Palace Bhagta Bhaika and the entire expenses were borne by the Party No. 1. After marriage both Manpreet Kaur and Gurdeep Singh Gill are happily leading their married life and now Manpreet Kaur has again gone back to Canada and Party No.1 had borne the entire expenses of sending her again and till date Party No. 1 has spent total Rs.30 Lacs and apart from this the college in Canada in which Manpreet Kaur has to study one Semester Fee amounting to Rs. 4.50 Lacs has to be paid by 18.08.2020 by Party No. 1 and will keep on paying further also and Manpreet Kaur while staying in Canada along with her study will try to work and take out her expenses as well as fees and Manpreet Kaur will be bound to finish the paper work as soon as possible and call her husband Gurdeep Singh Gill to Canada. If Manpreet Kaur rather than calling her husband Gurdeep Singh Gill to Canada keeps dilly-delaying or gets married over there again then Party No. 2 shall be bound to return whatever money is spent by Party No. 1 along with 1.5% interest and if they do not return Party No. I shall recover the entire amount along with interest from Party No. 2 legally and if Manpreet Kaur again calls her husband Gurdeep Singh Gill to Canada then she will not leave him and neither will Gurdeep Singh Gill leave his wife Manpreet Kaur.

FIR No. 38 dated 01.07.2022

That the complainant was desirous of settling abroad and the complainant and his family wanted the complainant to go to Canada and settle, so in the meantime, accused Balwinder Singh son of Harchand Singh, resident of Sangatpura, District Moga, met who told that his daughter Manpreet Kaur has got 6 band from IELTS and his family wants that if any eligible boy is ready to send her to Canada by paying all expenses, then they are ready to marry Manpreet Kaur with that boy. So after 1-2 meetings with accused mentioned in the subject, it was decided between us that we will bear whatever the cost will come to send Manpreet Kaur abroad and the marriage will also be done with the rituals and customs of Manpreet Kaur and the complainant permanently. It was also decided that after marriage an application will be filed by Manpreet Kaur in favour of complainant to settle in Canada with Manpreet Kaur in the immigration file, and that all this work was decided to be done by Manpreet Kaur and her parents, that is, by the accused mentioned in the subject. 2. That after our mutual consent, an engagement ceremony of Manpreet Kaur and the complainant was held on dated 03-09-2019 at Kaka Sweets and Restaurant at Mukam Badhani Kalan, after which Manpreet Kaur was sent to Canada