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2018 Supreme(Del) 211

INDERMEET KAUR
Rahul Bhargava – Appellant
Versus
State (NCT) of Delhi – Respondent


Advocates Appeared:
For the Respondents: Mr. Kewal Singh Ahuja, Ms. Priya Hingorani, Mr. Sarvesh Chowdhary, Mr. Himanshu Yadav, Ms. Reema Bhandari, Karan Pal.

JUDGMENT :

INDERMEET KAUR, J.

1. Petitioner Rahul Bhargava seeks quashing of the complaint filed by respondent No. 2 (Divya Sharma) CC No. 46/1/2016 under Section 12 read with Sections 17, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the ‘DV Act’). He also seeks a quashing of the FIR (FIR No. 469/2016) registered under Sections 498-A/406 read with Section 34 of the IPC at Police Station Hauz Khas against himself as also his other family members on the complaint of his wife (Divya Sharma).

2. The argument of the petitioner is bordered on his submission that the Court below did not have the territorial jurisdiction to entertain the complaint case under the DV Act as even as per the complainant all acts/incidents of alleged domestic violence were committed outside the territorial jurisdiction of Delhi; not being within the precincts of National Capital Territory of Delhi, the cognizance taken on that complaint is bad; it is liable to be set aside. The same argument has been addressed on the FIR which has also raised the plea of territorial jurisdiction. Submission being that all acts of alleged cruelty were outside the terr



















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