Jurisdiction for Section 498A IPC complaints extends to the location where the wife takes shelter after leaving the matrimonial home due to cruelty.

O R D E R

The petitioner is the accused in C.C.No.826/2020 on the files of the Judicial First Class Magistrate Court, Kunnamangalam, Kozhikode, a case relating to the commission of offence under Section 498A of the Indian Penal Code, 1860 .

2. The allegation is that the petitioner, who had married the defacto complainant on 25.08.2016, has been subjecting her to physical and mental cruelty. It is also alleged that the gold ornaments belonging to the defacto complainant were squandered by the petitioner. After completion of the investigation, the Sub Inspector of Police, Medical College Police Station, Kozhikode, filed the Final Report before the jurisdictional court.

3. In the present petition, the petitioner would contend that the Judicial First Class Magistrate Court, Kozhikode, is having no jurisdiction to entertain a complaint relating to the matrimonial cruelty perpetrated by the petitioner in places, outside the jurisdiction of the said court. Another contention of the petitioner is that the offence under Section 498A IPC , is not attracted from the allegations levelled against him.

4. Heard the learned counsel for the petitioner, leared counsel for the 2^nd respondent/defacto complainant and the learned Public Prosecutor representing the State of Kerala.

5. The challenge against the territorial jurisdiction of the Judicial First Class Magistrate Court, Kozhikode, to proceed with trial in the said case, is totally baseless. It is to be noted that Final Report has been filed before the court having territorial jurisdiction over the place where the parental residence of the defacto complainant is situated.

6. It is well settled by the decision of the Hon’ble Supreme Court inRupani Devi vs. State of U.P.and others [2019 (2) KHC 764], that the courts at the place where the wife takes shelter, after leaving or being driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, also have jurisdiction to entertain complaint alleging the commission of offence under Section 498A IPC .

7. As far as the present case is concerned, it could be safely concluded that the defacto complainant had taken shelter at her parental residence at Kozhikode, after having been subjected to cruelty by the petitioner herein.

8. Therefore, there is no point in arguing that the Judicial First Class Magistrate Court, Kozhikode, was not having territorial jurisdiction to entertain the complaint.

9. As regards the other allegations pertaining to the absence of necessary materials to constitute the offence under Section 498A IPC , it is pertinent to note that the First Information Statement of the defacto complainant, as well as the statements of other witnesses relied on by the Investigating Agency would clearly bring home the offence of matrimonial cruelty coming under . Therefore, the challenge raised by the petitioner in the above regard, is also totally baseless.

10. Having regard to the facts and circumstances of the case, as seen from the records, I am of the view that there is absolutely no reason to invoke the inherent powers of this Court under Section 482 Cr.P.C. to quash the proceedings against the petitioner. The petitioner has to necessarily face trial before the jurisdictional court.

In the result, this petition is dismissed.