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1999 Supreme(Del) 961

High Court Of Delhi
SURINDER KUMAR YADAV - Appellant
Versus
STATE OF DELHI - Respondent
CRIMINAL APPEAL 227 of 1999
Decided On : 11/05/1999

Advocates Appeared:
K.C.MITTAL, R.K.SINGHAL

Headnote:Penal Code, 1860 - Section 406 — Misappropriation of Istridhan — The court at the place where the entrustment of Istridhan articles to the accused persons was made shall have the territorial jurisdiction to entertain the complaint.

       Section 498-A — Harassment — Non return of articles of Istridhan to the bride amounts to harassment.

Anil Dev Singh, J:

( 1 ) THIS is a writ petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure whereby the petitioners seek quashing of the FIR bearing No. 232/97 under section 498a/406 Indian Penal Code registered with Police Station Bara Hindu Rao, Delhi. The petition also seeks the quashing of the trial pending before the Metropolitan Magistrate, Tis Hazari, Delhi, arising from the aforesaid F. I. R. The facts giving rise to the petition are as follows:- The first petitioner, Surinder Kumar Yadav married Pushpa nee Minakshi on November 24, 1993 according to Hindu rites at Delhi. According to the First petitioner he has been working as Assistant Development Officer in Sahkarita Bhawan, Luck- now. Both Surinder and Pushpa after marriage resided at House No. 554/37/4/ga-8, Lane No. 2, Pawanpuri, Sujanapura, Alambagh, Lucknow. It appears that the relations between the first petitioner and Pushpa soured with the result Pushpa Came back to Delhi on June 2, 1994 and on May 31, 1995, a complaint was filed by her with the Crime against Women Cell, Sarai Rohilla, Delhi. On the basis of the complaint, FIR bearing No. 232/97 under section 406/498-A Indian Penal Code was registered on September 8, 1997 at Police Station Bara Hindu Rao, Delhi. During investigation the first petitioner was arrested on October 23, 1997 and later released on bail. Upon the completion of the investigation a charge sheet was filed before the trial court at Delhi on September 2, 1998 against the first petitioner and his brothers Bhim Singh, Virender Singh and Narender Singh.

( 2 ) THE main ground on which the petition has been filed for quashing of the F. I. R. and the proceedings emanating therefrom and pending before the trial court at Delhi is that the offences, if any, under sections 498a/406 Indian Penal Code were committed at Lucknow and, therefore, the FIR could not have been lodged in Delhi and the Metropolitan Magistrate at Delhi has no jurisdiction to try the offences. In order to judge the validity of the submission, it will be necessary to refer to the complaint filed by Smt. Pushpa with crime against Women Cell, sarai Rohilla, Delhi. As per the complaint, the marriage between the complainant, Pushpa and the first petitioner was solemnised at Delhi, according to Hindu rites and customs. The father of the bride is stated to have performed the marriage with great pomp and show and spent a sum of Rs. 6 lakhs thereon. It is also asserted that she was given articles worth Rs. 4 lakhs at the time of marriage by her parents. After marriage she was first taken to village Majhol (Jabardustpur), District Saharanpur, Uttar Pradesh, where she stayed for about a week and thereafter, to the matrimonial home at Lucknow where she resided with the first petitioner. At Lucknow the brothers of the first petitioner (second, third and fourth petitioners) used to visit them. Soon after marriage the petitioners started pressurising her to bring a sum of Rs. 3 lakhs for purchase of a flat in the name of the first petitioner at Lucknow. She was also told by them that if she failed to bring a sum of Rs. 3 lakhs for the purchase of flat the first petitioner would divorce her. Since she was not able to meet the demand of the petitioners in respect of Rs. 3 lakhs, she was administered poison as a result whereof, she was admitted to the Gandhi Memorial Hospital at Lucknow on December 17, 1993. During her fillness she was made to sign number of blank sheets of papers by the petitioners. Her parents on coming to know of her illness went to Lucknow and on her discharge from the hospital brought her to Delhi. On April 21, 1994 when she went back to Lucknow again, she was mentally and physically tortured by the petitioners. It is claimed that on June 2, 1994 the first petitioner administered a severe beating to her at the instigation of his brothers and she was turned out of the house. She was also threatened that in case she t























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