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MANINDER S. BHATTI
Veer Singh Prajapati – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Maninder S. Bhatti, J.
This petition has been filed under section 482 of Cr.P.C. seeking quashment of the FIR, dated 4-9-2022 in connection with Crime No. 427/2022 registered at the Police Station, Bilkhiriya District Bhopal and consequential proceedings thereto pending before the Court of Judicial Magistrate First Class, Bhopal in RCT No. 14258/2022.
2. Learned counsel for the applicant contends that the respondent No. 2 lodged an FIR against the present applicant while stating inter alia, that her marriage with the present applicant was solemnised on 25-2-2008. Thereafter they started living in Gurgaon (Haryana) from 2012 onwards. They also constructed a house at Shyamkunj, Gurgaon. Till 2018 there were instances of torture and thereafter from 2019 onwards, there was physical and mental torture to the respondent No. 2. In the FIR it was further mentioned that just before three months from the date of lodging of the FIR the present applicant left his job and came to Bhopal and started residing there. During that period the respondent No. 2 was residing in Gurgaon. On 26-8-2022 again, the applicant came to Gurgaon and then on 27-8-2022 the applicant manhandled and abused the r
The court established that criminal jurisdiction is based on the location of the offence, not merely the residence of the complainant.
Acts of cruelty and sexual assault may be interconnected, allowing jurisdiction where the victim takes refuge post-marriage, reinforcing that psychological impacts persist beyond the matrimonial home....
The territorial jurisdiction of a Court with regard to a criminal offence is decided based on the place of occurrence of the incident and the consequences of the alleged acts, as interpreted from the....
The main legal point established in the judgment is the application of the principles of jurisdiction in cases of matrimonial discord, as established by the Supreme Court.
The jurisdiction for an offence under S.498A IPC can exist where the consequences of cruelty are experienced, regardless of the initial place of occurrence.
The main legal point established is that the territorial jurisdiction of a Court with regard to a criminal offence is decided based on the place of occurrence of the incident, and the impact of physi....
Cruelty – Act of “cruelty” as contemplated in Section 498-A of IPC can either be mental or physical and physical acts of cruelty – Offence U/S. 498-A of IPC is a continuing offence.
The main legal point established is that the power to quash criminal proceedings should be sparingly exercised and only in rare cases where the allegations are absurd or do not disclose a cognizable ....
The misuse of legal provisions under Section 498A IPC, particularly in retaliatory contexts, is impermissible, warranting quashing of the FIR.
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