1991 Supreme(P&H) 110
PUNJAB & HARYANA HIGH COURT
G.S.Chahal, J.
Prem Kaur
Versus
State Of Haryana
Criminal Miscellaneous No. 9921 of 1989,
Decided On : JANUARY 31, 1991
Territorial jurisdiction is a crucial factor in determining the authority of the police to investigate allegations, and lack of jurisdiction can lead to the quashing of FIR and subsequent proceedings.
Headnote:
Dowry Harassment - Territorial Jurisdiction - The court quashed the FIR and subsequent proceedings on the basis of lack of territorial jurisdiction, as the alleged harassment and cruelty occurred in a different district, thus the police at Ambala had no power to investigate the allegation.
Fact of the Case:
The complaint was filed by Sukhwinder Kaur alleging harassment and cruelty by her husband and in-laws for not bringing certain articles as dowry. The petitioners sought the quashing of the FIR on the basis of lack of territorial jurisdiction.
Finding of the Court:
The court found that the alleged harassment and cruelty occurred in a different district, and as a result, the police at Ambala had no power to investigate the allegation. Therefore, the court quashed the FIR and subsequent proceedings.
Issues: Territorial jurisdiction, allegations of dowry harassment and cruelty
Ratio Decidendi: The court's decision was influenced by the lack of territorial jurisdiction of the police at Ambala to investigate the allegations of harassment and cruelty, as the incidents occurred in a different district.
Final Decision: The petition to quash the FIR and subsequent proceedings was allowed by the court.
G. S. Chahal, J.
1. Case, First Information Report No.62 dated 5.4.1988 has been registered at Police Station, Molana, District Ambala on the basis of a complaint made by Sukhwinder Kaur. According to the allegations made in the complaint, respondent-2 Sukhwinder Kaur was married to Jagjit Singh on 5.11.1986 at Village Rajoli, District Ambala: The husband and his other relatives were not happy with the dowry given in marriage. They taunted her time and again on the basis, that mother of the complainant had not given a scooter, motor-cycle or a colour TV. They also gave out threats that she should bring the said articles from her parents house or drown herself in a well, The complainant was then brought to her parents house by her nephew Jasbir Singh. In August 1987, complainants husband, along with his elder brother and Master Kuldip Singh, visited her parents house and assured her mother that there would be no complaint thereafter. She then accompanied her husband. She also took Rs.2,000.00 with her. This amount was, however, snatched by her mother in-law, saying that it was a paltry sum of which she should feel ashamed. She also removed her gold bangles and a chain. When she complained of this fact to her husband, he and Master Kuldip Singh rebuked her with foul language and pulled her from her long hair and remarked, why she did not leave the house. She then returned to her parents village Rajouli. Some respectables then visited her husband and his relatives, but they could not pacify them. She was always teased by her husband and his relatives.
2. In this criminal miscellaneous, the petitioners have sought the quashing of the impugned F. I. R. Harbans Singh and Ravinder Singh petitioners are the brothers; Smt. Prem Kaur is the mother; while Surinder Kaur and Ravinder Kaur are the brothers wives of Jagjit Singh.
3. The allegations contained in the impugned F. I. R. relate to taunting by the present petitioners for her not bringing a scooter, motorcycle or a colour TV. The only allegation against the mother-in-law is regarding removing of the ornaments from her person. All this is stated to have happened in her in-laws house at Shahbad Markanda, District Kurukshetra. There are no specific remarks attributed to each of the present petitioners, but, assuming that these remarks were made, they amount to harassment and cruelly which occurred at Shahbad Markanda in Kurukshetra. The Police at Ambala has no power to investigate the allegation for want of territorial jurisdiction. On the basis of lack of jurisdiction, the impugned F. I. R. and the subsequent proceedings qua the petitioners are hereby quashed. Petition allowed.