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RAMESH SINHA
Naveen Soni S/o Subhash Soni – Appellant
Versus
Sharda Soni W/o Naveen Soni – Respondent
ORDER :
1. The petitioner is aggrieved by the order dated 22.07.2016 passed by the learned Sessions Judge, Raipur in Criminal Revision No. 119/2016 arising out of order dated 04.02.2016 passed by the Judicial Magistrate First Class, in Criminal Case No. 276/2015 by which the learned Magistrate has registered the criminal complaint of the respondent against the petitioners.
2. The facts, in brief, are that as per Hindu customs, marriage took place between the petitioner No. 1 and respondent on 17/11/2003. Thereafter, the respondent started living with the petitioner No. 1 at Delhi. From the said wedlock, a male child was born and now he is about 11 years old. Thereafter, on 06/06/2011, the respondent returned back to her parent’s house at Raipur and did not return back to petitioner’s house at Delhi.
3. In the year 2012, the respondent filed a criminal complainant under Section 200 against the petitioners for registration of a case under Section 498-A, 323 and 506 read with Section 34 of IPC and stating that her marriage took place with petitioner No. 1 on 17/11/2003. Out of the said wedlock, one male child was born on 08/03/2005. When she used to live at the petitioners’ house, the pe
The main legal point established in the judgment is that the allegations made in the complaint were specific and serious in nature, and the jurisdiction of the court to try the offences was establish....
The main legal point established in the judgment is that the courts at the place where the wife takes shelter after leaving the matrimonial home due to acts of cruelty would have jurisdiction to ente....
Jurisdiction in criminal matters requires that the cause of action arise within the location of the court; complaints filed without proper jurisdiction must be quashed.
Acts of cruelty and sexual assault may be interconnected, allowing jurisdiction where the victim takes refuge post-marriage, reinforcing that psychological impacts persist beyond the matrimonial home....
The court ruled that vague allegations of cruelty and dowry demands without specifics do not justify criminal prosecution, emphasizing the need for careful scrutiny of such claims.
Point of law : If the allegations themselves are so absurd that no reasonable man would accept the same, the High Court could not have thrown its arms in the air and expressed its inability to do any....
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