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Judgment
JASJIT SINGH BEDI, J.
The prayer in the present petition under Section 528 of BNSS, 2023 is for quashing of FIR No.113 dated 09.11.2021 (Annexure P-1) registered under Sections 306 & 34 IPC (Sections 108 & 3(5) of BNS) [Section 420 IPC (Section 318(4) of BNS) added later on] at Police Station Samalsar, District Moga as well as challan dated 25.12.2021 (Annexure P-2) and supplementary challan dated 15.06.2023 (Annexure P-3), whereby the offence under Section 420 IPC was enhanced along with all subsequent proceedings arising therefrom.
The FIR came to be registered at the instance of Gurwinder Khan S/o Bhola Khan and the same reads as under:-
“Statement of Gurwinder Khan son of Bhola Khan son of Hari Khan resident of Berian Wala Road, Smalsar aged 32 years mobile no; 9517304786, stated that I am a resident of the aforesaid address, and I have a private clinic at Village Singh Wala. We are three brothers. I am the eldest; younger to me is Chhinder Khan alias Tofiq Khan, and younger to him is Veeru Khan. All the affairs of our household were managed by my brother Chhinder Khan. I was married to Hina, daughter of Siraj Ali, resident of Khosa Dal Singh Wala, District Ferozepur, on 10 April 2019. Before the marriage, my wife had passed IELTS. About four months after the marriage, my brother Chhinder Khan after making all expenditure, sent my wife to Canada on 10th August, 2019. After that also, my brother continued sending all the fees to Canada, and we regularly remained in contact with her over the telephone. About eight months ago, my wife Hina stopped speaking to me and my family over the telephone. We then contacted my father-in-law, Siraj Ali, son of Ramzan Ali; my mother- in-law, Rani; and my brother-in-law (Sala), Shehbaz Ali. The entire family told us that they would coordinate with their daughter Hina and have her speak to us over the telephone. They continued putting us off on one pretext or another for some time. Thereafter, we went there accompanied by respectable persons of our village, but my in-laws again started putting us off by saying the same things. We had incurred expenses of approximately Rs. 25 lakh on sending my wife Hina to Canada and on her education. Due to this, my brother Chhinder Khan became mentally distressed and started remaining unwell. We continued obtaining medicines and treatment for him from nearby private hospitals. About one week ago, I and some of my other relatives went to the house of my in-laws, where my father-in- law, mother-in-law and brother-in-law were present. We told them that considerable time had already passed, but my wife Hina had not spoken to us even once till that day, and we had incurred substantial expenses, due to which my brother had started remaining ill. We asked them to settle the accounts with us. In response, my in-laws said, 'Do whatever you want to do. We will now lodge a case against you for demanding dowry.' They also uttered other threatening words to us. We then returned to our house. When I narrated the entire matter to my brother Chhinder Khan, he remained under mental distress. During the intervening night of 06/07.11.2021, he consumed some poisonous substance. On 07.11.2021, we admitted him to Adesh Hospital, Bhucho Mandi, where the doctors continued treating him. Last night, my brother Chhinder Khan died. My brother died because my in-laws-Siraj Ali, son of Ramzan Ali; my mother-in-law, Rani; my brother- in-law, Shehbaz Ali; and my wife, Hina-harassed and troubled us, and because we had sent my wife Hina to Canada after raising a loan. Therefore, appropriate legal action may be taken against all of them. Today, I, accompanied by my brother, was coming to give information when we met you at Bus Stand, Samalsar. I have got my statement recorded before you. I have heard the same. SD/ Gurwinder Khan above said, A corroborated statement SD/ Veeru Khan.”
The learned counsel for the petitioners contends that the petitioners have been falsely implicated in the present case. Taking the allegations at their face value, no offence under Section 306 IPC is made out. The offence under Section 420 IPC stands added in the case of petitioner No.1 alone. There is no evidence of cheating whatsoever. In fact, Hina Khan made every possible attempt to take the complainant abroad and the necessary documentation was also submitted but his application was denied for which the petitioners or their daughter cannot be faulted. In fact, the deceased (Chhinder Khan alias Tofiq Khan) was upset because he had developed strained relations with his fiancee who subsequently got married to his younger brother Veeru Khan alias Nikka Khan after his death.
I have heard the learned counsel for the petitioners.
A perusal of the FIR would reveal that the complainant Gurwinder Khan was married to Hina Khan, daughter of the petitioners. She had passed her IELTS examination and was sent to Canada on the expense of the complainant and his family with the assurance that she would take the complainant abroad as well. However, on reaching Canada, she stopped communicating with the complainant. On being approached, the petitioners and others initially informed the complainant that they would coordinate with their daughter Hina Khan and have her speak to the complainant. However, they did not so. When the complainant party went to the house of the petitioners to settle the matter, they were threatened that a case would be registered against them for demanding dowry. In fact, Hina Khan was sent abroad after raising a loan. When all these facts were communicated to the deceased about a week prior to his suicide, he remained under mental distress and therefore consumed a poisonous substance on the night intervening 06/07.11.2021 and subsequently passed away. A perusal of the letter dated 16.02.2022 (Annexure P-5) purportedly sent to the complainant by the Canadian Government that his application for a work permit was declined would reveal that it was Hina Khan, the daughter of the petitioners and the wife of the complainant who was to attend full-time classes in Canada which was required for enabling the complainant to travel to Canada and obtain a work permit. Quite apparently, Hina Khan who is currently absconding in conspiracy with the petitioners got the complainant party to settle her in Canada and thereafter reneged from her assurance to settle her own husband, the complainant/Gurwinder Khan in Canada.
Prima facie, the act and conduct of the petitioners and their family members including their daughter would amount to abetment inasmuch as acute harassment has been caused to the complainant and his family members one of whom has committed suicide.
Further, by getting the complainant and his family to avail a loan to finance the settlement of Hina Khan in Canada and thereafter not supporting the case of the complainant to settle him in Canada as well, prima facie would amount to cheating.
The arguments raised by the petitioners that the deceased committed suicide on account of his fiancee getting involved with his brother etc., would amount to setting up of their defence which cannot be examined at this stage but would be a subject matter of Trial.
Keeping in view the aforementioned facts and circumstances of the case, I find no merit in the present petition. Therefore, the same stands dismissed.
However, the observations made hereinabove are only for the purposes of deciding the present petition and the Trial Court is free to adjudicate upon the matter on the basis of the evidence led before it uninfluenced by any such observations made herein.