Five years after the Haryana Police registered a case against a man & his parents on a complaint lodged by his father-in-law alleging she was harassed & tortured abroad, the Punjab & Haryana HC has decried the action.
Dubbing it as “proxy litigation”, Justice Jaishree Thakur of the HC said the story put forth in the impugned First Information Report (FIR) was based on concoctions & the baseless allegations amounted to a blatant misuse of process of law.
“The allegations of cruelty, harassment & torture, if any, took place in United States & cognisance of it couldn’t have been taken by the police in India,” Justice Thakur ruled. The First Information Report (FIR) in the matter was registered on Mar 27, 2015, for harassment, criminal breach of trust & other offences under Sections 323, 498-A, 406, 506 & 34 of the Indian Penal Code at Model Town police station in Panipat.
Seeking quashing of the First Information Report (FIR) & consequent proceedings arising out of it, the petitioner-husband had contended that their marriage was solemnised in June 2012 at Delhi. After about 10 days, they left for the US where matrimonial disputes arose between them.
‘It’s proxy litigation’
An First Information Report (FIR) was registered against a man & his parents by his father-in-law on March 27, 2015, for harassment, criminal breach of trust & other offences in Panipat.
Justice Jaishree Thakur said territorial jurisdiction was required to be looked at for the purpose of constituting offence.
In the case at hand, all offences alleged took place in the US. As such, the First Information Report (FIR) at Panipat was not sustainable with regard to the petitioner
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