The Supreme Court in the case of Deepak Sharma v/s State of Haryana & Ors. allowed brother-in-law accused of ‘Cruelty’ to travel abroad and ruled that the fundamental right of personal liberty to travel abroad cannot be denied.
The complainant Annupriya Sharma, a permanent resident of Kurukshetra was married to Nitin Sharma, brother of the Appellant, according to the Hindu rites and customs. The complainant’s husband went back to the United States of America, where he had been working. The complainant left for the United States of America, to join her husband. She had to travel alone. The complainant has stated that the said Nitin Sharma had been working as Application Engineer in a Multinational Company NOVOPLM (SCONCE), and had been residing in the United States of America since 2009 on H1B-Visa. The said Nitin Sharma apparently resides at Charlotte in North Carolina, as would be evident from the array of accused persons in the complaint.
The division bench of Justice Indira Banerjee and Justice J.K. Maheshwari noted that there are no specific allegations against the Appellant of misrepresentation or concealment. There is not a whisper of the Appellant’s role in the marriage negotiations that took place in India.
The court, while setting aside the order of the High Court denying permission to this Appellant to leave the country, modified the order of the Chief Judicial Magistrate, to the extent that the Appellant has been directed not to leave the country without prior permission of Court.
While allowing the appeal the court held that there is no merit in the contentions of the State. Ex facie, the allegations in the FIR do not disclose any offence under the provisions of the IPC referred to in the FIR.