IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 05.02.2026 Pronounced on: 13.02.2026 Uploaded on: 16.02.2026 VIJAY KUMAR PETITIONER VERSUS STATE OF PUNJAB AND ANOTHER RESPONDENTS CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Argued by: Mr. R.S. Randhawa, Sr. Advocate with Ms. Tarranum Madan, Advocate for the petitioner.

Mr. Sukhbeer Singh, DAG Punjab. Mr. Vinod Ghai, Sr. Advocate with Mr. R.S. Bagga, Advocate for the complainant.

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Shalini Singh Nagpal, J.

1. Petitioner seeks quashing of FIR No.05 dated 05.11.2020 under Section 498-A IPC, Police Station NRI Jalandhar Rural, Punjab and all subsequent proceedings arising therefrom.

2. FIR was registered on complaint of Kirandeep Kaur, wife of Mulkh Raj, resident of Nangal Khurd, Police Station Bhogpur, District Jalandhar, at that time residing in USA. Complainant stated that she was a citizen of USA and was married with Vijay Kumar on 11.03.2011. She had a five-year old son from the marriage. Her husband was also residing in Queens Village, New York 11427 while her parents-in-law, sisters-in-law were residing at Jalandhar. They all supported Vijay Kumar to fraudulently marry her. After seven years of marriage, she found out that Vijay Kumar had an affair with a girl ‘N’ before marriage who lived in India. It had been 13 to 14 years ago and they still continued their love affair. She had proof that Vijay Kumar sent money to the girl through Pawan Kumar, who also lived in India and Pawan Kumar forwarded the money to ‘N’. He still had physical relationship with ‘N’ and married her only for USA citizenship. He planned to divorce her and marry his girlfriend once he got citizenship, after which ‘N’ could come to USA legally. Her husband supported her financially. After she found out his extramarital affair, she informed her parents-in-law about it over the phone. Instead of supporting her, they said they would support their son and sort out the matter by filing divorce. Her husband applied for USA Visa for parents, they would get the Visa move there soon. Once they came, they would separate her from her husband. She requested for stopping his parents as they had trapped her and her family for Green Card. Her husband changed after he got USA Visa, fought with her everyday, tortured her mentally and physically. On 24.01.2018, her parents came over to her house to sort out the dispute but her husband abused them, whereupon they took her with them and since 24.01.2018, she and her son were living at her parents’ house. He did not want to take them back from her parents’ house. She wanted justice and to punish them for the fraud. She had appointed her uncle Karnail Singh as her lawful agent and authorized him to act on her behalf.

3. Learned counsel for the petitioner argued that both petitioner and respondent No.2 were in USA and the proxy litigation was being pursued against the petitioner in India. Petitioner had been falsely implicated in the FIR despite settlement reached between the parties on 15.02.2020 before the Supreme Court of the State of New York County of Queens. It was argued that after the marriage on 11.03.2011, both the husband and wife were citizens of USA where they were residing for the last 10 years. No occurrence as alleged in the FIR took place in India. Petitioner never visited India after 2014. There were no allegations of demand of dowry or harassment nor any specific incidents were given in the complaint. The enquiry into the complaint was initially done by the police and no offence being made out, it was recommended that the complaint be filed which was agreed upon by Senior Superintendent of Police (NRI) Sub-Division, Jalandhar vide his report dated 12.07.2018, further approved by AIG NRI Wing, Jalandhar on 29.09.2018 and order dated 06.10.2018 of Additional Director General Police, NRI Wing, Phase VII, SAS Nagar. The complaint was ordered to be consigned. The FIR was maliciously lodged after the divorce petition wherein all matters with re