SANDEEP PRABHU Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) These two petitions are filed under Section 482 of Cr.P.C., seeking to quash the proceedings initiated against the petitioners in Crime No.3/2011 presently pending on the file of the V Addl. Chief Metropolitan Magistrate in C.C.No.2593/2013 for the offence punishable under Section 498-A of IPC.

(2.) The petitioner in Crl.P.No.657/2011 (accused No.1) is the husband and petitioners in Crl.P.No.658/2011 (accused Nos.2, 3 and 4) are the inlaws and the brother-in-law of the complainant. The complainant initiated criminal action against the petitioners by lodging a complaint before the Hulimavu Police Station alleging that she was subjected to cruelty and ill-treatment by the petitioners in her matrimonial home as well as when she was living with the Petitioner No.1 at USA. Investigation was taken up and chargesheet came to be laid against the petitioners for the above offence.

(3.) Learned counsel for the petitioners at the outset submitted that the allegations made in the chargesheet do not make out the ingredients of the offence under Section 498A of IPC. According to the complainant herself, she lived with accused No.1 hardly for 1 year 3 months. They stayed together at USA and for all practical purposes, USA was the matrimonial home of the complainant and accused No.1. Therefore, even if these allegations are taken as true, the incidents having taken place beyond the jurisdiction of the Courts in India, the presentation of the petition is not maintainable without prior sanction of the Central Govt. as provided under Section 188 of Cr.P.C. It is contended that the Investigating agency has mechanically filed the charge-sheet and the learned Magistrate has mechanically taken cognizance of the offence alleged against the petitioners. Therefore, the proceedings are liable to be quashed.