2020 (5) TMI 726 - HC - Indian Laws

Seeking quashing of Look Out Circulars issued - petitioners are willing to co-operate in the proceedings - case of the petitioners is that based on a complaint of their estranged daughter-in-law Mrs.Natasha Kapoor against them and their son namely Mr.Dirshan Vanmali Patel under Sections 498A/406/34 of the IPC - HELD THAT - In view of the fair stand taken by the learned counsel for the respondent as also for the complainant the petition is allowed and the captioned two LOCs issued against the petitioners are quashed; the same would be subject to the petitioners remitting a sum of Rs.40 lakhs to the complainant s bank account by 3 P.M. tomorrow i.e. 21.05.2020.

Summary

Issues:
1. Quashing of Look Out Circulars (LOCs) issued against petitioners.
2. Cooperation in investigation and health concerns of petitioners during the pandemic.
3. Undertakings by petitioners and directions for remittance of funds to complainant.
4. Final decision and directions for petitioners' travel to South Africa.

Analysis:
1. The petitioners sought the quashing of Look Out Circulars (LOCs) issued against them based on a complaint by their estranged daughter-in-law, leading to an FIR registration. The petitioners, senior citizens and permanent residents of South Africa, denied involvement in the allegations and highlighted the dissolution of the marriage through a court decree in South Africa. Despite cooperation with the investigation, they were detained at the Mumbai Airport due to the LOCs, affecting their health and travel plans.

2. The petitioners, through their senior counsel, emphasized the urgent need for medical treatment in South Africa amidst the pandemic. They proposed remitting a sum of Rs.40 lakhs to the complainant's bank account, subject to adjustments for maintenance arrears, and undertook not to create third-party rights in a specific property. They offered to join further interrogations through video conferencing and in person post-pandemic, as required.

3. Citing a previous court decision, the petitioners argued that their cooperation in the investigation rendered the LOCs unnecessary. The State and the complainant's counsel accepted the petitioners' undertakings to pay the specified amount and cooperate in the investigation, leading to the quashing of the LOCs. The judgment directed the remittance of Rs.40 lakhs to the complainant's account and outlined obligations for the petitioners, including joining investigations and refraining from property transactions without court permission.

4. With all parties in agreement, the judgment allowed the petition, quashed the LOCs, and facilitated the petitioners' travel to South Africa on a repatriation flight. The judgment emphasized the importance of fulfilling the financial commitment to the complainant and complying with investigation requirements both remotely and in person post-pandemic. The judgment's details were to be communicated to relevant authorities for facilitating the petitioners' travel and uploaded online promptly.