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2009 Supreme(Guj) 63

D.H.WAGHELA
RAHUL GUPTA S/O BABULAL GUPTA – Appellant
Versus
SHALINI AGARWAL UNDER SECRETARY – Respondent


Advocates Appeared:
MR MB GANDHI for Applicant(s) : 1 - 3.MR CHINMAY M GANDHI for Applicant
MR RC KODEKAR ADDL PUBLIC PROSECUTOR for Respondent(s)

JUDGMENT

1. The petitioners have exclusively invoked Article 226 of the Constitution to pray for quashing the complaint which is registered as F.I.R. I-C.R.No. 92 of 2008 at Jaipur City (South) Mahila Thana, Rajasthan. The complaint is made for the alleged offences punishable under Sections 498-A and 406 of Indian Penal Code, 1860 against the complainant's husband and his parents and it alleges series of events occurring at several places in Gujarat, Rajasthan and Madhya Pradesh.

2. Since the preliminary issue of territorial jurisdiction of this Court is required to be addressed first, before assuming jurisdiction and issuing process, the facts relevant for that purpose may be culled out and summarized. According to the petition, petitioner No.1, the husband, was selected for Indian Administrative Service (IAS) of Gujarat Cadre in the year 2004 and respondent No.1-wife, the original complainant, was selected for IAS of Jammu & Kashmir Cadre in the year 2005. They married at Jaipur on 17.9.2005, immediately after which the husband returned to Ahmedabad and the wife went to Massoorie. They practically pursued their careers separately till February 2006 as the husband joined his servic























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