The main legal point established in the judgment is the requirement for the court to have jurisdiction over the criminal proceedings based on the location of the alleged acts and the residence of the parties involved.

JUDGMENT :

1. Heard Mr. Saurabh Shekhar, the learned counsel appearing on behalf of the petitioners and Mr. Prabhu Dayal Agarwal, the learned Special Public Prosecutor, appearing on behalf of the respondent State.

2. It appears that O.P.No.2 has appeared and on the prayer of the O.P.No.2 the matter was adjourned on 15.9.2022.

3. Today, when the matter was called out, on repeated call, nobody has responded on behalf of the O.P.No.2 and that is why this matter has been heard on merits.

4. This petition has been filed for quashing of the entire criminal proceeding arising out of Complaint Case No.1694 of 2007 for the offence under sections 498A, 323, 346 and 406 of the Indian Penal Code as also the order taking cognizance dated 25.08.2008, pending before the learned Judicial Magistrate, 1st Class, Dhanbad.

5. The complaint case was filed alleging therein that marriage between the petitioner no.1 and O.P.No.2 was solemnized on 29.4.2004 in the District of Deoghar at Vidyanath Dham Temple, according to Hindu rites and at the time of marriage, as stated in the complaint petition, commodities worth Rs.1,50,000/- has been given by way of gift and thereafter a daughter namely Juhi has taken birth from their wedlock, but after one year from the date of solemnization of marriage i.e. with effect from 21.11.2005, the petitioners have started torturing O.P.No.2 for the purpose of fulfillment of illegal demand of dowry and again in between the period of one year another daughter has taken birth. It has been alleged that in the in-laws’ house also she was assaulted for the purpose of non-fulfillment of illegal demand of dowry and as such the instant complaint case has been instituted on 9.10.2007.

6. Mr. Saurabh Shekhar, the learned counsel appearing for the petitioners submits that petitioner no.1 who happens to be the husband of the O.P.No.2 and the petitioner no.2 is the father in law of the O.P.No.2. He submits that the case has been filed against other in-laws also and the learned court has taken congnizance against the three persons only who are the petitioners and mother in law. He further submits that in the entire complaint, there is allegation of occurrence in the District of Deoghar and Jamui and marriage took place at Deoghar and Jamui is the place where the in-laws are residing. He submits that this case has been filed in Dhanbad and he submits that there is no cause of action arising in Dhanbad and in that view of the matter that learned court is having no jurisdiction. To buttress his argument, he relied in the case of “Bhura Ram and Others v. State of Rajasthan and Another”, (2008) 11 SCC 103. Paragraph no.6 of the said judgment is quoted hereinbelow:

“6.The facts stated in the complaint discloses that the complainant left the place where she was residing with her husband and in-laws and came to the city of Sri Ganganagar, State of Rajasthan and that all the alleged acts as per the complaint had jurisdiction to deal with the matter. ON the basis of the factual scenario disclosed by the complainant in the complaint, the inevitable conclusion is that no part of cause of action arose in Rajasthan and therefore, the Magistrate concerned has no jurisdiction to deal with the matter. As a consequence thereof, the proceedings before the Additional Chief Judicial Magistrate, Sri Ganganagar are quashed. The complaint be returned to the complainant and if she so wishes she may file the same in the appropriate court to be dealt with in accordance with law. ”

7. He further submits that identical was the situation in the case of “Y. Abraham Ajith and Others v. Inspector of Police, Chennai and Another” (2004) 8 SCC 100. Paragraph nos.13, 14 and 19 of the said judgment are quoted hereinbelow:

“13. While in civil cases, normally the expression “cause of action” is used, in criminal cases as stated in Section 177 of the Code, reference is to the local jurisdiction where the offence is committed. These variations in etymological expression do no