SONU Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This petition has been filed by the petitioners under Articles 226 and 227 of the Constitution of India r/w section 482 Cr.P.C for issuance of a writ of certiorari for quashing of FIR No.1367/2006 registered at PS Malviya Nagar or in the alternative for issuance of mandamus for the transfer of the said FIR alongwith the consequent investigation to the jurisdiction of the Police Station Ragho Majra Kotwali, District Patiala, Punjab.

(2.) The petitioners have submitted that the above FIR was filed by the complainant under sections 406/498A at PS Malviya Nagar, while perusal of FIR would show that no offence was committed within the jurisdiction of NCT of Delhi. Respondent-wife alleged that petitioners subjected her to cruelty at matrimonial home in Patiala (Punjab). Marriage in this case was solemnized in U.P. Neither the marriage was solemnized in Delhi nor the offence was committed in Delhi. The registration of FIR in Delhi at PS Malviya Nagar was contrary to the provisions of sections 177 and 181 (4) of the Cr.P.C. The FIR should be quashed or the same be transferred to the State where offence was committed.

(3.) A perusal of FIR lodged at PS Malviya Nagar shows that complainant alleged that her marriage was solemnized with petitioner No.1 on 22.11.2005 at Shamli, Tehsil Kerana, Muzzafarnagar, U.P. according to Muslim rights. After marriage, she went to matrimonial home at Gurudwara Wali Gali No.3, Patiala (Punjab). She stated that behaviour of her husband and in-laws towards her from the very beginning was rude and non-cooperative and they were not happy with the dowry articles given in the marriage and she was taunted for bringing less dowry and Rs.50,000/-, one scooter and 5 tolas of gold was demanded. No where in the FIR she stated that any part of offence was committed in Delhi. Neither entrustment of dowry articles had taken place in Delhi nor the alleged misappropriation of dowry articles had taken place in Delhi. She filed the FIR with PS Malviya Nagar alleging that she was now living at Hauz Rani within the jurisdiction of PS Malviya Nagar.