HC: NRI commission has no authority to order FIR

Saurabh Malik

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Tribune News Service

Chandigarh, May 18

The Punjab and Haryana High Court has made it clear that the Punjab State Commission for NRIs has no jurisdiction to order the registration of an FIR, completion of investigation and filing of police report.

Justice Hari Pal Verma has also made it clear that the direction to register an FIR cannot be issued for offences under the Protection of Women from Domestic Violence Act, 2005. Elaborating, Justice Verma asserted only a complaint was required to be filed as per the Act itself.

Justice Verma also rapped the commission for exceeding its jurisdiction by issuing a direction to the police to investigate a matrimonial discord matter expeditiously before filing a police report, leaving no other option for the police, except to register a case against the husband.

The ruling came on a petition filed against the Punjab government and other respondents by a doctor-husband through senior advocates Kanwaljit Singh and Pushpinder Kaushal. He was seeking the quashing of the order dated October 23, 2017, passed by respondent, Punjab State Commission for NRIs, Chandigarh.

The Bench was told that the order, passed on a complaint filed by the wife, made recommendation to the Punjab government, through its DGP, to register a case against the petitioner and his father under the provisions of the Protection of Women from Domestic Violence Act, 2005, as well as Sections 406 and 498-A of the IPC, with a further direction to complete the investigation expeditiously and to file a police report. During the pendency of the petition, both parties settled their dispute.

Setting aside the order, Justice Verma asserted that the matter had been resolved between the petitioner and respondent-wife during the mediation proceedings.