The Punjab & Haryana High Court, in a significant judgment delivered by Justice Nidhi Gupta, quashed an FIR and a proclamation order against an NRI family, citing gross misuse of legal procedures and violation of fundamental rights under Article 21 of the Constitution of India.
Background of the Case:
The case revolved around a complaint filed by the respondent, Ms. Kaur, who alleged cruelty under Sections 498-A and 406 of the Indian Penal Code (IPC) against her husband, Mr. Singh, his sister (the petitioner), and other family members. The FIR (No. 248 dated December 27, 2012) was lodged at Police Station City Kharar, District SAS Nagar (Mohali), Punjab. The petitioner, a practicing physician residing in Poland, was accused despite being abroad since 1989. The marriage between Ms. Kaur and Mr. Singh took place in November 2007, but due to marital discord, the couple separated in January 2012.
Legal Issues Involved:
1. Quashing of FIR and Proclamation Order: The petitioner sought quashing of the FIR and the order dated June 11, 2014, by which she was declared a proclaimed offender by the Sub-Divisional Judicial Magistrate, Kharar. The court noted that the proclamation was issued without proper service and in violation of Section 82 of the CrPC, as the petitioner was residing abroad at the time.
2. Procedural Irregularities: The court highlighted the procedural irregularities in the case, particularly the failure to serve the petitioner at her foreign address. It was evident that despite knowing the petitioner’s residence in Poland, the complainant and the investigating agency provided an Indian address with the intent of proceeding with the case in her absence.
3. Abuse of Process of Law: The court underscored the abuse of the legal process, noting that the FIR had been investigated three times by senior police officers, each recommending cancellation due to lack of evidence. Despite this, the investigating agency proceeded with the case, leading to the filing of the chargesheet.
Court’s Decision:
Justice Nidhi Gupta, after reviewing the case file and hearing arguments from both sides, quashed the FIR and the proclamation order. The court cited the judgments in Nitin Jindal vs. State of Punjab and Amandeep Singh vs. State of Punjab, where similar situations involving the declaration of NRIs as proclaimed offenders were found to be unjust. The court emphasized that “proclamation proceedings must not be initiated against a person who is not in India,” and any such proceedings should be in strict compliance with the law.
Key Observations:
The court observed that the case represented a “classic example of the abuse of process of law.” The complainant, despite having obtained a divorce decree in the United States based on grounds of cruelty, initiated multiple legal actions in India, including under the Domestic Violence Act and the Hindu Adoptions and Maintenance Act, 1956. The court also noted that the Punjab State Commission for NRIs had earlier questioned the legitimacy of the FIR and the legal opinion provided by the DDA Legal.
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Parties and Representation:
The petitioner was represented by Mr. Shakti Mehta, Advocate, while the respondent, State of Punjab, was represented by Ms. Aakanksha Gupta, Additional Advocate General, Punjab, and Mr. Bhupinder Ghai, Advocate for respondent No. 2.
