Mr. Falana Singh (NRI), lives and works in a Multi National Electronics Company at, London, England. He along with his parents, namely mother Mrs. Surinder Kaur and father Mr. Gurucharan Singh, wanted an Indian bride and had therefore come to Amritsar, Punjab. Amongst various alliances Mr. Falana Singh's family choose Ms. Manpreet Kaur Sodhi, daughter of Shri Vikram Singh Sodhi and Mrs. Savita Kaur Sodhi. Their marriage was solemnized and registered on 04/02/2009 at Amritsar, Punjab. The marriage expenses of Rupees Forteen lacs were borne by the parents of the bride.
Soon after the marriage, Mr. Falana Singh and his family members started demanding Rs. 5 lacs from the parents of Mrs. Manpreet Kaur for the expenses to take her to England. Due to the partial fulfilment of the demand; they started mental torture and cruelty to Manpreet Kaur. The mother-in-law Mrs. Surinder Kaur against the will of Manpreet took away all the gold ornaments that were given by the bridgrooms's family under the pretext of carrying the same to London for her.
Later Mr. Falana Singh's sister Mrs. Sunanda Kaur Bhatti with the help of a doctor conducted the virginity test of Mrs. Manpreet Kaur before the consummation of the marriage. However, when Manpreet Kaur posed a question as to how was Falana Singh going to estabish his virtue, to that the entire family reacted strongly. Thereafter Mr. Falana Singh and Manpreet Kaur relocated to London, England on 15th May 2009.
Manpreet Kaur later demanded that her husband should help her brother to settle in London and also to take care of her parents as they had spent their resourses considerably. This and other factors led to frequent arguments and quarrels between them. Mr. Falana Singh and his relatives subjected Manpreet Kaur to mental torture and harrashment due which Manpreet Kaur left her husband's house without informing him and came to India in December 2009. Thereafter Mr. Falana Singh tried several times to contact Manpreet to come back to London, which she refused.
Once in India, Mrs. Manpreet Kaur lodged a complaint bearing FIR No. 189 dated 20/01/2010, at Amritsar Police Station under Sec. 498-A, 406 r/w 34 of Indian Penal Code, against Mr. Falana Singh and his relatives i.e. mother Mrs. Surinder Kaur and father Mr. Gurucharan Singh. Since the sister of the Mr. Falana Singh was staying in Amritsar, the charge-sheet came to be filed agaisnt her only, wherein all the others were shown as absconding. Since they did not appear before the Investigating Authorities, the Authroirites issued a requisition for RCN (Red Corner Notice) against the accused with the Interpol (International Police Organization).
Subsequently the case against the sister was tried, wherein the Complianant Mrs. Manpreet Kaur deposed that she does not want to prosecute any further, hence the sister was acquited. The Complainant had sought divorce and the same was granted ex-parte.
Now Mr. Falana Singh and parents are seeking to revoke/quash the FIR and RCN so that they can travel internationally considering the subsequent transpirations.
Jurisdiction and Maintainabilty
Locus to file the appropriate Writ
Provisons of Writ
Quashing of FIR
Other incedetiary provsions.