SHRI. RAGHUBIR CHANDRA S/O. BIDHU BHUSHAN CHANDRA AND OTHERS Vs. STATE OF KARNATAKA REPRESENTED BY THE SPP

JUDGEMENT

(1.) The petitioners have sought to quash the FIR registered against them by the respondent No.1 -Police in Crime No.234/2017 for the offences punishable under section 498A read with section 34 of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

(2.) Heard the learned counsel for the petitioners, the learned counsel for respondent No.2 and learned HCGP for respondent No.1.

(3.) Learned counsel for the petitioners has raised two fold contentions. Firstly, respondent No.1 -Suddaguntepalya police have no territorial jurisdiction to register the case and to investigate into the matter. The marriage between the respondent No.2 and petitioner No.3 was performed in Nagpur. The parties were residing in Delhi. The petitioners are the permanent residents of New Delhi. The offences are alleged to have taken place at Delhi. No part of cause of action has arisen within the limits of Suddaguntepalya Police Station. Therefore, in view of section 177 of Cr.P.C., 1973 registration of the case and consequent investigation by the Suddaguntepalya Police Station is without jurisdiction. Secondly, the registration of FIR and investigation undertaken by the respondent No.1 -Police is in violation of the guidelines issued by the Hon'ble Supreme Court of India in Rajesh Sharma & Ors. v. State of U.P. 2017 SCC Online 821 . Learned counsel has placed reliance on the following decisions: