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2017 Supreme(MP) 958

IN THE HIGH COURT OF MADHYA PRADESH
ATUL SREEDHARAN, J.
Jay Prakash and Ors. - Appellants
Vs.
State of M.P. and Ors. - Respondent
M.Cr.C. No. 7795 of 2016
Decided On : 21-04-2017

Advocates Appeared:
For the Appellant : Sameer Verma and Varan Parsai
For the Respondents: S.S. Chouhan, Ashish Nema

Lack of territorial jurisdiction can lead to the quashing of FIR and criminal proceedings, as demonstrated by precedents and applied in this case.

Headnote:

Dowry - Jurisdiction - IPC 498-A, Dowry Prohibition Act 3/4 - Summary: The court quashed the FIR and criminal proceedings against the petitioners as the acts of cruelty and dowry demands took place in Indore, and the fresh transaction in Jabalpur did not involve all the petitioners. The court cited precedents to support lack of territorial jurisdiction.

Fact of the Case:

The petitioners, relatives of the respondent, sought to quash the FIR and criminal proceedings related to allegations of physical atrocities and dowry demands against them. The acts of cruelty and dowry demands occurred in Indore between 2009 and 2012, while a fresh transaction in Jabalpur in 2013 did not involve all the petitioners.

Finding of the Court:

The court found that the acts of cruelty and dowry demands took place in Indore, and the fresh transaction in Jabalpur did not involve all the petitioners. It quashed the FIR and criminal proceedings against the petitioners, citing lack of territorial jurisdiction.

Issues: The issues involved the jurisdiction of the police to register the FIR in Jabalpur and the court to try the case, as the acts of cruelty and dowry demands occurred in Indore, and a fresh transaction in Jabalpur did not involve all the petitioners.

Ratio Decidendi: The court quashed the FIR and criminal proceedings against the petitioners due to lack of territorial jurisdiction, citing precedents where similar cases were quashed based on the location of the acts constituting the offenses.

Final Decision: The court allowed the petition, quashed the FIR and criminal proceedings against the petitioners, and granted liberty to the respondent to pursue the remedy against the petitioners before the appropriate forum.

ORDER :

Atul Sreedharan, J.

1. The petitioners herein are the husband, father-in-law, mother-in-law and the two sisters-in-law of the respondent No. 2. The petition has been filed invoking the powers u/S. 482 of Cr.P.C for quash of FIR, dated 23/12/13 registered at P.S. Mahila Thana, Jabalpur bearing Crime No. 83/2013 and also for all criminal proceedings initiated pursuant thereto. The undisputed facts of the case are that the marriage between the petitioner No. 1 and the respondent No. 2 was solemnised on 05/06/09 at Jabalpur. At the time of marriage, it is alleged that the father of respondent No. 2, as per his capacity and as per his social status has given as Streedhan, an Alto car, household articles, big size Television, Rs. 1.00 lac in cash, gold and silver ornaments. The FIR is filed pursuant to a complaint preferred by respondent No. 2 to the Police, which is at page 20 of the petition. In paragraph 3 of the said complaint, the respondent No. 2 states that after her marriage from July, 2009 itself, her in-laws started committing physical atrocities on her relating to the demand for dowry. Respondent No. 2 has levelled omnibus allegations against the husband, father-in-law, mother-in-law and the sisters-in-law, who she alleges used to beat her every other day on account of not being able to fulfil the dowry demand of bringing a big car, Rs. 1.00 lac and a computer by way of dowry. In paragraph 4, the Respondent No. 2 alleges an incident which is alleged to have taken place between 9th -10th July, 2009 wherein her husband, father-in-law and mother-in-law are stated to have abused her and caught hold of her hair and banged her head against the wall. Similarly, she says that in October, 2009 her father-in-law, mother-in-law and the husband subjected to her extreme cruelty and compelled her to have fish and meat and forced her to do house-hold work like sweeping, mopping and washing clothes. Thereafter, it is alleged that on 25.11.2009 when she was washing clothes of everyone in the house, at that time, her father-in-law is stated to have told her that he is going to the market upon which the respondent No. 2 went to the kitchen and started having her food, but all of a sudden, the father-in-law and the mother-in-law returned from the market and are stated to have abused her. On the second page of her complaint in paragraph 2, the respondent No. 2 refers to an incident, dated 05/05/10 when at around 1 O'clock in the noon, the petitioner No. 4, who is staying along with petitioner Nos. 1 to 3 is stated to have told the respondent No. 2 while she was washing clothes that she should get a big car and cash from her parental home and if she does not get it, the petitioner No. 1 would be got married off elsewhere. It is further alleged that petitioner No. 4 on small trivial things used to hold out the threat of getting the petitioner No. 1 married elsewhere. She further states that on 15/05/10 in the night between 10-11, the petitioners had severely beaten the respondent No. 2 and she was told that the next time she went to her parental home she should ask her father to provide for Rs. 1 lac in cash, 1 T.V. and computer and a big car instead of the small Alto car that was given as Streedhan and upon the respondent No. 2 opposing the said demand, the petitioner Nos. 1 to 4 are stated to have abused and beaten her. In paragraph 3 on page 2 of the complaint, the respondent No. 2 states that not only was she was subjected to cruelty on account of not bringing dowry, but in order to pressurize her, the petitioners are alleged to have forced the six months old daughter of the petitioner No. 1 and respondent No. 2 on 20/06/11 to eat meat and when respondent No. 2 protested against it, thereupon, the petitioner No. 5 is stated to have abused her with regard to the paternity of the child. It is also stated in the same paragraph that the petitioner No. 1 chased the respondent No. 2, who went inside the bathroom to save herself, from where






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