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IN THE HIGH COURT OF ALLAHABAD
RAJESHWAR SINGH
VIJAI RATAN SHARMA - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
CRI. MISC. APPLN. 4481 Of 1987
Decided On : 02/18/1988
JURISDICTION - CRUELTY - SECTION 498A, 120B IPC, 179, 181(4), 184, 220 CRPC - The court held that the Ghaziabad Courts have jurisdiction to try the offences of cruelty and misappropriation of Stridhan as the acts were connected and formed part of the same transaction.
Fact of the Case:
The husband, father-in-law, and mother-in-law of the complainant filed two applications under Section 482 CrPC to quash the criminal proceedings initiated against them in Ghaziabad. They argued that the Ghaziabad Courts lacked jurisdiction as the alleged offences were committed outside Ghaziabad.
Finding of the Court:
The court held that the Ghaziabad Courts had jurisdiction to try the offences as the consequences of the maltreatment and cruelty ensued in Ghaziabad, where the wife fell ill due to mental shock. The court also found that the harassment continued in Ghaziabad as the wife was not being called by her in-laws and was receiving letters with false allegations.
Issues: Whether the Ghaziabad Courts had jurisdiction to try the offences of cruelty and misappropriation of Stridhan.
Ratio Decidendi: The court relied on Sections 179, 181(4), 184, and 220 of the CrPC to establish that the Ghaziabad Courts had jurisdiction. Section 179 provides that an offence may be tried by a court within whose local jurisdiction the act was done or the consequence ensued. Section 181(4) allows for the trial of an offence of misappropriation at the place where the property was received. Section 184 permits the trial of all offences committed in the course of a single transaction by any court competent to try any of the offences. Section 220 allows for the trial of various offences together.
Final Decision: The court dismissed both applications and vacated the stay, upholding the jurisdiction of the Ghaziabad Courts to try the offences.
( 1 ) THESE are two applications under S. 482 Cr. P. C. Both have been filed by husband, father-in-law and mother-in-law of the opposite party 2 Smt. Madhu Bala in connection with the complaints that were filed by Smt. Madhu Bala, opposite party 2 at Ghaziabad. In both these proceedings the applicants want to get rid of the criminal proceedings initiated by the wife Smt. Madhu Bala at Ghaziabad and their only argument is that Courts at Ghaziabad have no jurisdiction to entertain these complaints, because the offence as alleged has been committed outside Ghaziabad. Before proceeding further, it may be pointed out that the question at this stage is not whether there is any truth in the allegations made, but question is whether on the basis of the allegations made in the complaint the Ghaziabad Courts will have jurisdiction. For the purpose of S. 482 Cr. P. C. allegations of complaints are taken to be correct as held in the case, J. P. Sharma v. Vinod Kumar (1986) 3 SCC 67 and Pratibha Rani v. Suraj Kumar (1985) 2 SCC 370.
( 2 ) FIRST I take-up the Criminal Misc. Application No. 4481 of 1987. In this application the prayer of the applicants is that entire proceedings of Case No. 44 of 1987 pending in the Court of Chief Judicial Magistrate, Ghaziabad including the complaint and the summoning order may be quashed. On the file of this case, I have not been able to find summoning order passed by the Magistrate. However, the copy of complaint is on the record as Annexure-1. In the affidavit filed on behalf of the applicants it has been said that the Chief Judicial Magistrate has taken cognizance under Ss. 498a and 120-B IPC.
( 3 ) FROM the copy of complaint it appears that marriage was performed at Ghaziabad and then the wife was taken outside Ghaziabad where she was mal-treated and sent back to her fathers house. It is alleged therein that the applicants in this application never gave her back her Stridhan which was given at the time of marriage. In the complaint it has been clarified that on account of the demand for dowry and mal-treatment, she fell ill on return to Ghaziabad and her husband even did not come to see. It has further been said that letters containing false accusation were sent to her at Ghaziabad
( 4 ) THE offence under S. 498a IPC is cruelty to the wife. "cruelty" has been defined in this section and it says that it is wilful conduct which is likely to cause grave injury to the health of the woman and this health may be mental or physical. "cruelty" also means according to this section harassment by husband of the woman where it is with a view to coerce her relations to meet unlawful demand for property. It is in the complaint that the demand for dowry is being made.
( 5 ) WHEN the wife fell ill at Ghaziabad on account of the mental shock created by the treatment of the accused it means that consequences of mal-treatment and cruelty ensued at Ghaziabad. Section 179 Cr. P. C. says that where an act is an offence by reason of anything which has been done and of consequence of which has ensured the offence may be tried by a Court within whose local jurisdiction such thing was done or such consequence ensued. Mal-treatment was meted outside Ghaziabad but it became cruelty on account of the consequence that the woman fell ill on account of the mental shock. She fell ill at Ghaziabad. The woman is being harassed by not being called by her in-laws so that her parents may meet their unlawful demand for dowry. When woman is at Ghaziabad and she is not being called this harassment can also be said to have taken place at Ghaziabad. The letters with false allegations are being received at Ghaziabad and this also must be resulting in the harassment of the woman. Rather, this harassment seems to be continued one. It started when demand for dowry was made outside Ghaziabad and it has continued when she is not being called from Ghaziabad and she has been left there in order to get the dowry. So the offence continu
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