PANKAJ DHIMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) By virtue of this writ petition filed under Article 226 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of FIR No.43 dated 29th November, 2011 registered under Section 498A/406/326/506/34 IPC at PS Mahila Thana, Sonepat primarily on the ground that the alleged crime was committed outside the jurisdiction of Sonepat police and the Sonepat police, at the most, should have transferred it to the concerned Police Station in Delhi for necessary action.

(2.) In the reply by way of affidavit filed by respondents No. 1 & 2, an objection was taken as to the maintainability of the writ petition in this Court on the ground that the FIR was registered at Sonepat. In matrimonial cases, the jurisdiction of registering the cases falls where the bride resides. Moreover, the dowry articles are also liable to be returned, therefore, since the complainant was forced to live at Sonepat where her parents are residing, as such, the case was rightly registered at Sonepat. Furthermore, if the petitioner has any grievance regarding registration of FIR, in that eventuality, he has a remedy to file a petition before Punjab and Haryana High Court, Chandigarh. After completing investigation, charge sheet has already been submitted in the Court of learned Magistrate, Sonepat and now the case is fixed for framing of charge. As such, the petition is liable to be dismissed.

(3.) I have heard Mr. Shailendra Bhardwaj, Advocate for the petitioner and Mr. Yashpal Rangi, Advocate for respondents No.1&2.