CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present:- Mr. Jasdeep Singh Walia, Advocate

for the petitioner.

Mr. Durgesh Garg, AAG, Punjab.

Mr. Ribhav Singh, Advocate

for respondent No. 2/complainant.

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MANISHA BATRA, J.

1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking quashing of FIR No.29 dated 01.03.2025, registered under Section 318(4) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) at Police Station Sadar Samana, District Patiala along with all the consequential proceedings arising therefrom.

2. Brief facts of the case, as emanating from the record, are that the marriage of Sandeep Singh, son of respondent No.2/complainant Jarnail Singh, was solemnized with Rajwinder Kaur, daughter of the present petitioner, on 21.11.2021 according to Sikh rites and ceremonies. It was alleged by the complainant that prior to the marriage, Rajwinder Kaur had already cleared IELTS examination and both the families had mutually agreed to send the couple to England after marriage. According to the complainant, substantial expenses were incurred by him and his wife towards rectification of visa documents, obtaining study visa for Rajwinder Kaur and spouse visa for Sandeep Singh, besides arranging their travel and settlement in England. In the entire process, an amount of approximately Rs.45 lakhs was spent by the complainant after raising loans and borrowing money from relatives and friends. As per the allegations levelled in the complaint, after both Rajwinder Kaur and Sandeep Singh shifted to England on 28.06.2022, they initially started residing together as husband and wife. However, after some time, the behaviour of Rajwinder Kaur allegedly became hostile towards Sandeep Singh and his family members. She used to mentally harass Sandeep Singh and started transferring money from his account into her own account as well as into the accounts of her sister Preet Kaur and brother Gursewak Singh. The complainant further alleged that despite repeated interventions by family members, Rajwinder Kaur did not improve her conduct and ultimately left the matrimonial house in England after taking away valuables and belongings from the house.

3. As per the further allegations, the complainant thereafter moved a complaint dated 06.11.2024 before the SSP, Patiala against Rajwinder Kaur and her family members. The said complaint was marked for enquiry and statements of both the parties, including that of Rajwinder Kaur from England, were recorded by the police authorities. During the enquiry, reports dated 04.12.2024 and 07.01.2025 were submitted by the concerned police officials and thereafter DSP, Samana submitted enquiry report dated 14.01.2025 to SSP, Patiala. In the enquiry report, it was observed that the marriage between Sandeep Singh and Rajwinder Kaur had been solemnized with the consent of both the families and both of them had gone to England together and resided there as husband and wife. It was further noticed that matrimonial disputes had arisen between the parties while residing in England and that husband and wife had deposited money in each other’s accounts. The enquiry report further opined that the incident in question had occurred in England and if the complainant had any grievance, he could avail his remedies before the competent Court. Thereafter, another complaint on similar allegations was allegedly moved by respondent No.2 before the DIG, Patiala on 03.01.2025, which was again marked for enquiry and ultimately resulted in registration of the impugned FIR