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2019 Supreme(SC) 2194

DEEPAK GUPTA, ANIRUDDHA BOSE
Priti Kumari – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Jayesh Gaurav, Adv. Ms. Diksha Ojha, Adv. Ms. Priyanka Tyagi, Adv. Mr. Farrukh Rasheed, AOR, for the Appellant; Mr. E. C. Vidya Sagar, AOR Mr. Manish Kumar, Adv. Mr. Feroze Ahmad, Adv. Mr. R.S. Sharma, Adv. Mr. Ranjan Dwivedi, AOR, for the Respondent

ORDER

1. Leave granted.

2. In this case, the main dispute is whether the appellant - wife could have filed a complaint under Section 498A, IPC at the place where she was residing. The High Court held that no cause of action has arisen where she was residing. This matter is squarely covered by the judgment of this Court in Rupali Devi v. State of U.P. & Ors. [(2019) 5 SCC 384] ; wherein this Court held as follows:

    "10. The question that has posed for an answer has nothing to do with the provisions of Section 178 (b) or (c). What has to be really determined is whether the exception carved out by Section 179 would have any application to confer jurisdiction in the courts situated in the local area where the parental house of the wife is located.

    11. To answer the above question, one will have to look into the Statement of Objects and Reasons of the Criminal Law [2nd Amendment Act, 1983 (Act 46 of 1983)] by which Section 498A was inserted in the Indian Penal Code. The section itself may be noticed in the first instance:

    "498A.Husband or relative of husband of a woman subjecting her to cruelty.- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to

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