KUSHAL KUMAR GUPTA Vs. MALA GUPTA

JUDGEMENT

(1.) This Special Leave Petition is directed against the judgment and order dated 28th July, 2009, passed by the learned Single Judge of the Punjab and Haryana High Court dismissing the Petitioners application under Section 482 of the Criminal Procedure Code, 1973, hereinafter referred to as "Code of Criminal Procedure", for quashing of order dated 2nd July, 2009, passed by the learned Additional Sessions Judge, Patiala, as also the summoning order passed by the learned Judicial Magistrate, 1st Class, Patiala, on 5th August, 2008.

(2.) The Respondent herein, Mala Gupta, filed a complaint against the Petitioners, who are her father and mother-in-law, under Sections 406 and 498A of the Indian Penal Code, hereinafter referred to as "I.P.C.". On being satisfied that a prima facie case to go to trial had been made out, the learned Magistrate issued process against the Petitioners. Aggrieved thereby, the Petitioners filed a revision petition against the summoning order, which was dismissed on 2nd July, 2009. Thereafter, the Petitioners filed the application under Section 482 Code of Criminal Procedure for quashing of the proceedings arising out of the complaint under Sections 406 and 498A I.P.C.

(3.) The main ground taken in the said petition was that the Court at Patiala had No. jurisdiction to entertain the complaint since No. part of the cause of action for the same had arisen within its jurisdiction. On a construction of the provisions of Section 181 Code of Criminal Procedure, both the learned Additional Sessions Judge, Patiala, and the High Court, dismissed the Criminal Revision Application No. 48 of 2008, and the Crl. Misc. Case No. 19996-M of 2009. As indicated hereinabove, the High Court also dismissed the Petitioners application under Section 482 Code of Criminal Procedure by the impugned order dated 28th July, 2009.