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2013 Supreme(All) 565

VISHNU CHANDRA GUPTA
Anil Kumar Shukla & Anr. – Appellant
Versus
State of U. P. Through Principal Secretary Home – Respondent


Advocates:
Murli Manohar Srivastava, Shishir, for Pe#31;titioner
Govt. Adv., Firoz Ahmad Khan, for Respondent.

Vishnu Chandra Gupta, J.—

1. By this petition under Article 226/227 of Constitution of India the proceedings of Criminal Case No. 5 of 2012 (State Vs. Apurva Shukla and ors.) under Sections 498-A, 504, 506 of Indian Penal Code(for Short 'IPC') and ¾ Dowry Prohibition Act (for short 'D.P. Act') pending before the Court of ACJM-III, Unnao against the petitioners were sought to be quashed on the ground of lack of territorial jurisdiction by Unnao court.

2. The brief facts for deciding the controversy are that on 28.05.2010 an FIR has been lodged by one Manoj Kumar Mishra O.P. No.2. against Apurva Shukla, and his father, Anil Shukla, mother Smt. Kamla Shukla, the wife of his elder brother Neelam Shukla, the uncle Ajay Shukla, and aunt Sunita Shukla under Section 498A, 504, 506 IPC and Section ¾ D.P.Act with the allegations that marriage of Shivani, the daughter of O.P.No.2, was taken place with Apurva Shukla on 24.04.2008 at Kanpur in accordance with Hindu rites. Just after the marriage the accused person (arrayed in the FIR) startted demanding of a good car from Shivani's parents and started taunting and scolding her for bringing less dowry. She was subject to cruelty and harassment for

















































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