Moot Proposition B

Sudeshna was a 24 year old girl from Moga who had successfully managed to get admission
in a course for study in Canada. Sudeshna went to Canada and stayed in the house of
Karamjeet Kaur. Karamjeet Kaur had a nephew named Kartik staying in Ferozepur who also
was desirous of going abroad. Karamjeet Kaur introduced Sudeshna to Kartik. Both started
talking and things between them progressed fast. Soon, Kartik started sending expensive gifts
for Sudeshna. Their relationship was going on well. After about a year, in her last semester,
Kartik forced her to come to India so as they could marry. The marriage ceremony was
performed. However, because of her studies Sudeshna had to return to Canada. Immediately
after their marriage, Kartik also applied for a visa to Canada on the basis of their marriage,
but his Visa was rejected. After finishing her studies, Sudeshna had got a work visa for
Canada. Kartik again made an application for grant of Visa but the same was rejected again.
Kartik forced Sudeshna to come back to India leaving her job in Canada. After coming to
India, Kartik and Sudeshna together applied for a work visa for Australia. Here again, the
application of Sudeshna was accepted but the application of Kartik was rejected. Kartik was
very furious and dejected by the course of events. In the meanwhile, Sudeshna got pregnant
but Kartik in connivance with his family got the child aborted after pressurising Sudeshna. As
Sudeshna had now become a little disturbed and depressed by the abortion, Kartik sent her
back to Canada as her work visa was still valid. Sudeshna stopped taking calls from Kartik
and also stopped replying to his e-mails. Kartik managed to gain access of the e-mail and
other social media accounts of Sudeshna and as such also accessed her bank accounts.
Sudeshna complained of the above to the Cyber-crime unit in Canada and an injunction was
issued against Kartik and the accounts were restored to Sudeshna. Father of Sudeshna made a
complaint for harassment and cruelty against Kartik to the police at Moga. When the Moga
police started enquiring into the matter, they realised that the police at Ferozepur had already
registered a FIR under Section 420, 406, 120-B of the Indian Penal Code, 1860 against
Sudeshna, her parents and younger brother on the complaint of Kartik. Kartik had alleged that
he had sponsored the complete education, travel and stay of Sudeshna in Canada both before
and after marriage on the promise that she will take him to Canada. Kartik through bank
transactions showed that he had spent about Rs. 87 lakhs on Sudeshna. Sudeshna and her
family have now filed a petition in the Punjab and Haryana High Court seeking quashing of
the FIR registered against them.