ASHOK DAS Vs. RANJANA DAS

JUDGEMENT

(1.) This is a petition filed under section 482 of the Code of Criminal Procedure for quashing the proceedings of Criminal Case No. 2839/2OO2 of the Court of C.J.M. Raigarh (changed No.453/2006 of the Court of J.M.F.C., Raigarh).

(2.) The facts are that respondent no. 1 herein was married to petitioner no. 1 on 25.11.1997. She filed a criminal complaint in the Court of Chief Judicial Magistrate, Raigarh on 05.11.2001 against the petitioners. This complaint case was filed u/s 498-A and 506 (Part-ii) I.P.C. and section 3 and 4 of the Dowry Prohibition Act. It appears that after filing of the complaint u/s 200 Cr. P.C., learned Magistrate sent this complaint for enquiry to the Police u/s 156 Cr. P.C. and after enquiry, the police filed a charge sheet u/s 498-A/34 I.P.C, vide Crime No. 166/2002.

(3.) Learned counsel for the petitioners prays for quashing the proceedings of criminal case on the ground that the proceedings are mala fide. He also raises an additional ground that the Court of Magistrate at Raigarh will have no territorial jurisdiction to entertain this case. For the mala fide, he argues that after the marriage, the husband filed a petition for divorce under section 13 of the Hindu Marriage Act, 1955 vide Civil Suit No.79-A/ 1998, in which a decree for divorce was passed in his favour on 22.2.1999 and thereafter this false criminal complaint was filed on 05.11.2001. About the territorial jurisdiction, he argues that no part of cause of action arose in the territorial jurisdiction of Raigarh Court, therefore, the Court at Raigarh will have no territorial jurisdiction to entertain this criminal case.