ROHIT ARORA Vs. STATE

JUDGEMENT

(1.) In this petition under Section 482 of the Criminal Procedure Code, the petitioners (original accused) prays for the quashing of FIR No. 307/92 under Section 406 Indian Penal Code, registered with police station Sriniwas Puri, New Delhi by complainant Ms. Anuradha Arora.

(2.) It is submitted by Mr. Gujral, learned counsel for the petitioners that the marriage was solemnised at Calcutta; that the entrustment of the articles given in marriage was at Calcutta; that Delhi court has no jurisdiction since Section 181 (4) of the Code is not attracted and FIR in question could not have been filed in the police station at Delhi and so no investigation by Delhi Police. As against this, it is submitted by Mr. Behl, learned APP for the State that the complaint is at the initial stage, the investigation is in progress, the investigation can not be thwarted and that Section 482 of the Code can not be invoked at this stage; that the investigation should be allowed to be completed and at the conclusion of the investigation, report would be required to be filed u/s. 173 of the Code; that Section 181 (4) is attracted in the present case inasmuch the parental house is the normal/natural place of residence for a lady returning from the matrimonial home and that the articles given to the wife at the time of marriage are 'necessarily required to be returned at the place where she is living with her parents.

(3.) In the instant case the marriage was solemnised at Calcutta. The parties lived as husband and wife at Calcutta. The wife on account of the discord with the petitioner-husband returned with the daughter, to the parental house at Delhi and lodged the complaint alleging the offence under Section 406 IPC.