IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Reserved on: 29 ^th January,2026 Date of Decision: 2 8 ^th April, 2026 ASHISH ARORA ........Petitioner VERSUS DR. CHARU SHARMA .........Respondent CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Vikas Kumar, Advocate, for the petitioner.

Mr. ADS Sukhija, Senior Advocate with Ms. Jashika, Advocate for the respondent.

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SUBHAS MEHLA, J

1. Present petition has been filed under Section 482 of Cr.P.C. seeking quashing of criminal complaint I.P.C./403 registered on 18.09.2013 tiled as ‘Dr. Charu Sharma v. Ashish Arora’ (Annexure P-1) under Sections 406 and 420 of I.P.C. pending before Judicial Magistrate First Class Chandigarh; summoning order dated 08.05.2014 (Annexure P-2); order dated 31.08.2015 dismissing the application under Section 245 Cr.P.C. (Annexure P-3) and order in revision dated 01.02.2016 (Annexure P-4) passed by the Additional Sessions Judge Chandigarh and all subsequent proceedings arising therefrom.

BRIEF FACTS

2. Briefly stated, the present petition arises out of a matrimonial dispute between the petitioner and the respondent. The marriage between the parties was solemnized on 23.12.1997. In 1998, the parties relocated to Virginia, USA, and after a few years, returned to India, whereupon they resided and worked together in Lucknow. Subsequently, relations between the parties became strained, and the respondent/complainant left the matrimonial home in April 2008 and shifted to her parental residence at Chandigarh. The petitioner thereafter instituted proceedings in May 2008, which culminated in an ex-parte decree of divorce dated 29.05.2009 passed by the Family Court at Lucknow.

During their cohabitation at Lucknow, the parties had jointly applied for allotment of a flat; however, the same was ultimately allotted solely in the name of the petitioner, and the sale deed dated 17.04.2008 was executed in his favour alone. Aggrieved thereby, the respondent/complainant filed the aforementioned complaint under Sections 406 and 420 of the IPC, alleging commission of offences of cheating and criminal breach of trust on the premise that, despite contributing an amount of approximately USD 42,000 towards the purchase of the said flat, the petitioner got the property transferred exclusively in his own name and, by deceitful means, transferred the said amount from her bank account maintained in the USA to his own account. It was further alleged that a legal notice dated 31.10.2011 was issued to the petitioner, which was duly received by him, but he failed to refund the said amount.

3. Upon filing of the aforementioned complaint, the Ld. JMIC, Chandigarh issued a summoning order dated 08.05.2014 (Annexure P-2). Thereafter, petitioner/ accused filed an application under Section 245 Cr.P.C seeking discharge, however, the same was dismissed by Ld. JMIC, Chandigarh, vide order dated 31.08.2015 (Annexure P-3). Aggrieved thereby, the petitioner preferred a revision petition assailing both the summoning order dated 08.05.2014 as well as the order dated 31.08.2015 declining discharge. The said revision petition, however, was dismissed by the learned Additional Sessions Judge, Chandigarh, vide order dated 01.02.2016 (Annexure P-4), thereby affirming the aforesaid impugned orders.

4. Consequently, the petitioner/accused has filed the present petition before this Court seeking quashing of criminal complaint IPC/403 under Sections 420 and 406 of IPC against the petitioner (Annexure P-1); summoning order dated 08.05.2014 passed by Ld. JMIC, Chandigarh (Annexure P-2); order dated 31.08.2015 passed by Ld. JMIC, Chandigarh, dismissing application under Section 245 Cr.P.C (Annexure P-3); as well as order dated 01.02.2016 passed by the Additional Sessions Judge, Chandigarh (Annexure P-4) whereby revision petition against the above-said orders was dismissed .

CONTENTIONS ON BEHALF OF PETITIONER

5. Learned Counsel for the petitioner/accused contended that the complaint in question has been filed with mal