MANINDRA MOHAN SRIVASTAVA, J.

1. By this petition u/s 482 of the Cr.P.C, the petitioners have prayed for quashing of criminal proceedings in Criminal Case No. 965/05 pending in the Court of Judicial Magistrate First Class, Durg arising out of Crime No. 36/05, wherein the petitioners are alleged to have committed the offence under Sections 498A and 406 read with Section 34 of the IPC.

2. Case of the petitioners is that Poonam Soni, wife of petitioner No. 1 Omprakash alleged that she was subjected to cruelty in connection with demand of dowry and on a report lodged in Mahila Police Thana, Durg. offence u/s 498A read with Section 34 of IPC has been registered against the petitioners. The concerned police of Mahila Thana, Durg conducted investigation and a charge-sheet has been filed in the Court of Judicial Magistrate First Class, Durg.

3. Learned Counsel for the petitioners argued that as no part of offence is alleged to have been committed within territorial jurisdiction of the Judicial Magistrate First Class, Durg, the concerned Magistrate could not have taken cognizance of the offence on the basis of charge-sheet filed by Mahila Police Thana, Durg. He further submits that the