Wife entitled to lodge FIR under Sec 498-A IPC from parental place where she takes refuge even in absence of allegation of harassment at the said place

Ankur Narang Vs State of NCT of Delhi

Delhi HC

30/04/2019

W.P.(CRL) 743/2019 & Crl.M.A. 5412/2019 (stay)

About/from the judgment:

The High Court dismissed a writ petition wherein the petitioner husband sought quashing of FIR registered under Section 498-A, 406 and 34 IPC at Police Station, Paschim Vihar, Delhi.

 

The petitioner took three grounds seeking to quash FIR: (i) lack of territorial jurisdiction contending that no offence has taken place in Delhi and thus Police Station has no jurisdiction to investigate and the Trial Court has no jurisdiction to try the offence; (ii) that the FIR was not lodged within the period of limitation; (iii) that on the face of the FIR the allegations are not made out.

 

(i) Territorial Jurisdiction

The High Court followed the decision in Rupali Devi v. State of U.P., (2019) 5 SCC 384, wherein it was held that even in cases where there is no allegation of harassment or demand of dowry at the parental place of the complainant who comes to take refuge at her parental place, she can lodge an FIR in the said Police Station, which can be investigated by the officer of the said Police Station and the Trial Court having jurisdiction on the said Police Station would have jurisdiction to try the said offence.

 

Moreover, the case of the complainant in the FIR itself was that her costly items, jewellery, etc., were taken on the ground that they were to be kept in a locker in Delhi so that it could be safe, thus the jewellery and costly items were retained in Delhi. Marriage being performed at Delhi, the entrustment of articles also took place at Delhi. Hence in view of Section 181(4) CrPC, the Court at Delhi would have jurisdiction to try the offence. Thus, this Court finds no merit in the first argument raised.

 

(ii) Limitation

On facts, it was held that the complaint was filed within the period of limitation. It was also observed that it is trite law that while taking cognizance even if there is delay in matrimonial matters the Court has to see whether it is in the interest of justice to condone the delay in taking the cognizance.

 

(iii) Nature of allegations

It was noted that the complainant has alleged that the accused person used to taunt her for the kind of clothes given to them at the function and at the wedding and that the same was not as per their demand and status. Allegations were also made regarding entrustment if costly items including jewellery. The Court was of the view that prima facie, the allegations constituting offence punishable under Sections 498-A and 406 IPC were made out.

Read the Judgment

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