NIRAJ TRIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The above writ petitions have been filed by the petitioners under Article 226 of the Constitution of India for quashing of an FIR No. 0188/02, P.S. Digha, Patna, Bihar registered against the petitioners in respect of offences under Section 498A IPC and Sections 3 and 4 of Dowry Prohibition Act. It is stated by petitioner Niraj Trivedi that he was a permanent resident of Delhi and was working in USA. Petitioners Parimal Trivedi and Anju Trivedi state that they were permanent resident of Delhi but were working for gains at Aruba, Holland. An FIR was got registered against the petitioners being FIR No.0188/02 at P.S. Dhiga, Patna, Bihar under Section 498A IPC and Sections 3 and 4 of Dowry Prohibition Act by Mr. Vijay Kumar Singh, father-in-law of Niraj Trivedi. In the FIR, he alleged that his daughter Shweta was seen and liked by the family of the petitioners at Patna before marriage, so marriage was finalized between Niraj Trivedi and Shweta. He decided to give gifts worth Rs. 8 Lac at his daughter's marriage to be delivered at New Delhi. On 18th June, 1998, marriage between Shweta and Niraj took place at Delhi and after marriage she went to her in-laws' house at Delhi. He (father of Shweta) alleged that after 2 days of marriage mother-in-law, husband's elder brother and his wife and husband started harassing Shweta for dowry. Shweta and Niraj came to Patna for two days and Niraj told him (Mr. V.K. Singh) that he will go to USA on 11th July. On 11th July Niraj went to USA alone. Shweta lived at Delhi. Shweta left for USA on 15th January, 1999. On 22nd January, 1999, Shweta telephoned him that her in-laws (mother-in-law, brother-in-law Parimal Trivedi and his wife Anju) living in USA all gave beatings to her and abused her in USA and took away her ornaments and she was turned out from the house. She asked her father to send some money to them (in-laws) or she would be killed. After some time, Shweta from USA informed him (Mr.V.K. Singh) on phone that she was made to abort against her wishes. She was told that unless her father gives money she cannot become mother. On 26th November, 2000, Shweta came to India and lived at Delhi at her in-laws' house. Her father alleged that she told that her in-laws again gave her beatings. As she was pregnant, she left her in-laws home in Delhi and came to her uncles' home at Lodi Road, Delhi wherefrom her father brought her to Patna. On 27th July, 2001, Shweta gave birth to a baby girl and her father talked to Niraj in USA on telephone and asked her to take Shweta to USA, as Shweta wanted to go to USA since she had no differences with her husband. Shweta's father got her visa ready and sent her to USA. When Shweta went to USA nobody came to airport to pick her up. However, she went to husband's house at USA where she came to know that her husband had left that house and shifted somewhere else. She was told by neighbours that some girl used to live with her husband. She took help of a friend of her father and got arranged an accommodation for her in USA. She also learnt about her husband's address through her father's friend. Complainant V.K. Singh reported to the police that he was sure that Shweta's mother-in-law would soon dispose of her property in Delhi and after selling ornaments of his daughter would flee to USA.

(2.) It is stated by the petitioners that on 14th November, 2002 when this FIR was lodged, Shweta was in USA and her father in Patna lodged this FIR. Niraj, Shweta's husband had filed a divorce petition in New Jersey, USA against Shweta Trivedi on 8th October, 2002. Shweta returned from USA to Patna on 21st November, 2002. She made statements under Sections 161 and 164 Cr.P.C. On 8th December, 2002, Patna Police came to Delhi and arrested Prabha Trivedi, mother- in-law of Shweta from Delhi. She was granted transit bail by learned MM, Delhi. After getting her mother-in-law arrested, on 8th December, 2002, Shweta flew back to USA and contested divorce suit of husband. On 16th December, 2002 Shweta filed reply to the marriage dissolution complaint filed by Niraj in Superior Court of New Jersey, USA and also filed a counter claim against the petitioner, Niraj.

(3.) The petitioners seek quashing of the FIR in the alternate transfer of this FIR to Delhi on the ground that even if all the allegations made in the FIR are accepted on the face value, the Patna Police had no jurisdiction to investigate the matter since no part of the alleged offence was committed within the jurisdiction of Patna Police. It is also stated that the allegations made by Mr. V.K. Singh, father of Shweta were without any basis and criminal proceedings instituted in Patna were only malafide. Alleged incidents had taken place either in Delhi or USA. No part of alleged crime had taken place in Patna. The alleged dowry admittedly was given at Delhi not in Patna. It is submitted that Patna Police had illegally registered FIR and undertaken investigation.